- An ex parte order can be challenged with Form S2 no later than 10 days after it was issued.
- Filing on time stays the order, and a late motion needs a Request to Extend Deadline.
- Review and appeal are separate routes with their own deadlines.
Finding out that the Landlord and Tenant Board (LTB) made an order without you can be alarming, especially if it could lead to eviction. The good news is that there is a process to ask the LTB to cancel an order made in your absence, but the deadline is short.
This article explains what an ex parte order is, how the motion to set aside works, what to say in it and which other routes exist. Act quickly, and speak with a lawyer if you are unsure which route fits.
What is an ex parte order?
An ex parte order is one issued without a hearing on an L3 or L4 application. In plain words, the other side asked for an order and the LTB made it without you being heard.
If you missed a hearing for another type of application, the right step may be different. That depends on the facts and the type of order, so it is worth confirming with a lawyer or the LTB.
The motion to set aside: Form S2
An ex parte order can be challenged with Form S2, Motion to Set Aside an Ex Parte Order. It must be filed no later than 10 days after the order was issued. Filing on time stays the order, and the tenant should bring a copy to the Sheriff (Superior Court of Justice Enforcement Office).
The Tribunals Ontario Portal can be used to submit applications, check file status and see whether an order has been issued. Check it right away if you suspect an order exists.
What to say in your motion
Your motion should explain clearly why the order should not stand. The rules in this article do not list required wording, so keep it factual and focused.
- Why you were not at the hearing, for example whether you received notice at all
- The dates you received any documents, and how
- Why the underlying claim is wrong or incomplete, in short form
- Any documents that support you, such as rent receipts or messages
Be honest and specific. Filing evidence does not make it admissible, because the Member decides what is accepted.
If you are past the 10 days
After 10 days, the tenant must file a Request to Extend Deadline with the motion, explaining the delay. If the Member does not set the order aside, the stay is cancelled and the order stays in effect.
Other routes exist, and they work differently. A Request to Amend fixes clerical errors, with a deadline of 30 days after the order and no fee. A Request to Review goes to the LTB, and an appeal goes to the Divisional Court.
| Route | Deadline | Notes |
|---|---|---|
| Request to Amend | 30 days after the order | Clerical errors only; no fee |
| Request to Review (orders on or after July 1, 2026) | 15 days of the order | Fee is $58 |
| Request to Review (orders before July 1, 2026) | 30 days | Fee is $58 |
| Appeal to Divisional Court | 30 days after the order | Question of law only |
Review and appeal in more detail
From July 1, 2026, the LTB may review a final order only on three grounds: the party was not reasonably able to participate (for example, no adequate notice of the hearing), a serious error, or new evidence that could not have been obtained earlier. A late review request is considered only if a Request to Extend Deadline is filed with it, and a party may make only one review request per order.
An appeal to the Divisional Court is only on a question of law. It automatically stays the LTB's order until the court decides. If an appeal has been filed, the LTB cannot consider a Request to Review unless the stay is first lifted. Because these routes can interfere with each other, choosing between them is a good question for a lawyer.
What to do next
- Use the portal to see whether an order has been issued, then confirm the date it was issued from the order itself
- Count 10 days from that date and file Form S2 as soon as possible
- Bring a copy of your filed motion to the Sheriff if you filed on time
- If late, file a Request to Extend Deadline with your reasons
- Gather evidence and speak with a lawyer or free tenant or landlord help
Frequently asked questions
How long do I have to file a motion to set aside?
Form S2 must be filed no later than 10 days after the ex parte order was issued. After that, you must also file a Request to Extend Deadline explaining the delay.
Does filing the motion stop an eviction?
Filing on time stays the order, and the tenant should bring a copy to the Sheriff. If the motion is filed late and the Member does not set the order aside, the stay is cancelled and the order stays in effect.
Is a review the same as a motion to set aside?
No. A Request to Review is a separate route. For orders issued on or after July 1, 2026, it must be filed within 15 days, and the filing fee is $58. Only one review request is allowed per order.
Where can I get free help?
The Advocacy Centre for Tenants Ontario helps tenants and the Landlord Self-Help Centre helps small landlords, both funded by Legal Aid Ontario. LTB Contact Centre staff give information but not legal advice.
Sources
- LTB – Amendments, Reviews and Appeals (last updated July 2026) — tribunalsontario.ca
- LTB Interpretation Guideline 8 – Review of an Order — tribunalsontario.ca
- LTB – Motion to Set Aside an Ex Parte Order — tribunalsontario.ca
- LTB Practice Direction on Evidence — tribunalsontario.ca
- LTB – Contact us — tribunalsontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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