Setting Aside an Ex Parte LTB Eviction Order in Ontario

If a landlord applied to evict you and the LTB made an order without a hearing, you may have found out only after the fact. This is called an ex parte order. It can feel like the door has closed, but there is a process to ask the LTB to cancel it.

Speed is the key. This article explains the form, the 10-day window, what a stay does and what happens if you are late. It is general information, not advice on your situation.

What is an ex parte order?

An ex parte order is one issued without a hearing on an L3 or L4 application. In plain terms, the LTB decided without hearing from you, often because you did not take part.

Check your order carefully. The type of application and the date it was issued tell you which route and deadline apply.

The 10-day deadline and the stay

The tool is 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, which means it is put on hold.

The tenant should bring a copy to the Sheriff (Superior Court of Justice Enforcement Office). This helps make sure that enforcement does not go ahead while the motion is pending.

If you are past 10 days

After 10 days, you 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.

Reasons should be specific and backed by documents where possible, such as proof you were away, ill, or never received the notice.

Evidence matters at any hearing that follows. Rule 19 of the LTB Rules of Procedure sets disclosure deadlines: a party's evidence must be disclosed 7 days before the hearing and responding evidence 5 days before, unless the LTB orders otherwise. A party who does not comply may be barred from relying on that evidence, and filing evidence does not make it admissible, because the Member decides.

Hearing evidence can be emailed to LTB.Evidence@ontario.ca with the file number and hearing date in the subject line, or uploaded through the Tribunals Ontario Portal.

Other routes to know about

These routes are not interchangeable, and a lawyer can help you choose. Note that if a Divisional Court appeal is filed, the LTB cannot consider a review unless the stay is first lifted.

The LTB describes three ways to have an order changed: a Request to Amend, which fixes clerical errors and has a 30-day deadline and no fee, a Request to Review, which goes to the LTB, and an appeal, which goes to the Divisional Court. For orders issued before July 1, 2026, the review deadline is 30 days.

From July 1, 2026, the LTB may review a final order only on three grounds: the party was not reasonably able to participate, there was a serious error, or there is 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. Requests to review a consent order are rarely granted unless there is evidence of fraud, coercion or duress.

What to do next

• Find the date the order was issued and count 10 days immediately.
• Confirm the order is ex parte and arose from an L3 or L4 application.
• Complete Form S2, and prepare evidence showing why you missed the hearing.
• If late, add a Request to Extend Deadline with your reasons.
• Confirm with the LTB how to file Form S2 in your situation, and keep proof of the date you filed.
• Bring a copy of the filed motion to the Sheriff.
• Get help from the Advocacy Centre for Tenants Ontario, which is funded by Legal Aid Ontario.

• You can call the LTB toll-free at 1-888-332-3234, or 416-645-8080 in the Toronto area, Monday to Friday 8:30 a.m. to 5:00 p.m. Staff give information but not legal advice.
• File-specific emails go to LTB@ontario.ca with the file number in the subject line, but the LTB does not answer file-status or general questions by email.
• The LTB states that phone waits average 10 to 15 minutes.
• Small landlords can look to the Landlord Self-Help Centre, which is also funded by Legal Aid Ontario.

Frequently asked questions