How Long Does a Tenant Have to File a Motion to Set Aside an Ex Parte Eviction Order in Ontario?

Coming home to find an eviction order taped to your door is a terrifying experience, especially if you never even had a chance to speak to a judge or adjudicator. In Ontario, this is known as an “ex parte” eviction order. The Landlord and Tenant Board (LTB) can legally grant an eviction without holding a hearing in two specific situations: when a landlord files an L3 Application (claiming you previously signed an agreement to move out) or an L4 Application (claiming you failed to meet strict conditions of a previous mediated settlement). 📝

Because an ex parte order bypasses your right to defend yourself in front of a tribunal, the law gives you an emergency safety net. You have the right to file a Motion to Set Aside the Ex Parte Order. However, the timeline is incredibly unforgiving, and missing the deadline by even a single day can result in you losing your home. This guide explains exactly how to act quickly, file the correct paperwork, and legally stop the Court Enforcement Office (the Sheriff) from changing your locks. ⏱

Step-by-Step Process in Ontario

Whether you rent an apartment in Brampton, a townhouse in Markham, or a basement suite in Ottawa, the rules for setting aside an ex parte order apply uniformly across the province. You must move with extreme urgency. 📍

Step 1: Check the Date of the Order

The very first thing you must do is look at the date printed at the end of the eviction order. The law gives you precisely 10 days from the date the order was issued by the LTB, not the date you found it on your door or in your mailbox.

Weekends and holidays are included in this 10-day countdown. If you miss this tight deadline, you will have to file an additional “Request to Extend or Shorten Time” form, which the adjudicator may reject. Do not delay; start the paperwork the exact moment you receive the notice. 🔍

Step 2: Complete the S2 Motion to Set Aside Form

You need to download and fill out the form officially called “Motion to Set Aside an Ex Parte Order” (often referred to as an S2 form). On this form, you must explain clearly why the eviction should be stopped.

Most tenants in this province will argue that they never signed an agreement to leave, that they were coerced, or that they actually paid the rent they owed under a previous payment plan. You must be completely truthful, as you are signing this document declaring the facts to be true. 👨

Step 3: File the Motion at the LTB

Once the form is completed, you must file it immediately with the Landlord and Tenant Board. The fastest and most secure way to do this is through the Tribunals Ontario Portal online.

There is absolutely no fee for a tenant to file a Motion to Set Aside an Ex Parte Order. The moment the LTB successfully processes your filing, the original eviction order is legally “stayed” (frozen). This is the critical step that saves your housing. 💵

Step 4: Take the Stamped Motion to the Sheriff

Even though the eviction is legally frozen, the local Court Enforcement Office (the Sheriff) might not know about it right away. To prevent them from showing up and locking you out, you must take proactive action.

Once the LTB issues a “Notice of Hearing” for your new motion, take a copy of it immediately to the local Sheriff’s office. This physical proof forces them to cancel any scheduled eviction dates until the new hearing is resolved. 🚨

Step 5: Attend the New LTB Hearing

Filing the motion does not cancel the eviction permanently; it simply buys you a hearing. You must attend the scheduled virtual or phone hearing to plead your case.

At this hearing, the adjudicator will listen to both you and your landlord. Bring all your evidence: bank statements showing rent was paid, text messages, or proof that your signature was forged on a move-out agreement. If you win, the ex parte order is officially voided, and your tenancy continues safely. 📝

How Much Does it Cost in Ontario?

Defending against an ex parte order is designed to be accessible for tenants, but there are still potential costs depending on whether you choose to hire legal help. Here is what you should expect in Canadian dollars:

• LTB Filing Fee: Filing a Motion to Set Aside an Ex Parte Order is $0 CAD (completely free for the tenant).
• Paralegal / Lawyer Fees: If you hire a licensed Ontario paralegal or a tenant defence law firm to represent you at the hearing, expect to pay a flat fee ranging from $1,000 to $2,500 CAD.
• Sheriff Fees: Tenants do not pay the Sheriff. If the eviction is upheld, the landlord pays the $315+ CAD fee to enforce the eviction.
• Rent Arrears: If the ex parte order was based on missed payments (an L4), you will be expected to pay the outstanding rent balance to save your tenancy.

How Long Does the Process Take?

The tenant has a strict 10 days to file the motion from the date the order is issued.

Once filed, the LTB typically schedules the new hearing relatively quickly compared to regular applications, usually within 2 to 6 weeks. During this entire waiting period, you are legally allowed to remain in the rental unit. A final decision is usually mailed out within a few weeks after the hearing concludes. 📅

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca