Brochure: Motion to Set Aside an Ex Parte Order

(Disponible en français)

What is an ex parte order?

An order that is made without holding a hearing or notifying the respondent (the person who is affected by the application) is called an ex parte order. The order is based only on the information provided by the applicant.

The LTB can issue an ex parte order if:

1. A landlord files an application to end the tenancy because the tenant agreed to move out on a specific date or gave notice to move out on a specific date (L3 application).
2. A landlord filed an application to end the tenancy because the tenant did not meet the terms of a mediated agreement or order (L4 application).

In these cases, the LTB would not send the tenant a copy of the application or hold a hearing.

Ask the LTB to cancel an ex parte order

If you don't agree with an ex parte order, you can ask to have the order "set aside" or cancelled. Use the form Motion to Set Aside an Ex Parte Order. All LTB forms are available at tribunalsontario.ca/ltb/forms, at any LTB office, or by calling the LTB.

Deadline to file the motion

The Motion to Set Aside an Ex Parte Order must be filed no later than 10 days after the date the order was issued.

If this deadline has passed, you must file a written request to extend time using the Request to Extend or Shorten Time along with your motion. Explain why you missed the deadline and why you should be given more time. A member will decide whether to grant the extension.

The hearing

When a motion to set aside an ex parte order is filed, a hearing will be scheduled. The LTB will send a notice to you and the landlord that gives the time and location of your hearing. The LTB will also send a copy of your motion to the landlord.

This is called "serving" the documents. There are special rules for serving these documents.

Order stayed until the hearing

When a motion to set aside an ex parte order is filed, the order is put on hold or "stayed" until the LTB has made a decision about the motion. Take a copy of your motion to the Superior Court of Justice Enforcement Office ("The Sheriff") to make sure the eviction is not enforced.

The decision

After the hearing, a member will decide whether or not to set the ex parte order aside.

If the member does not set the order aside, the stay of the order will be cancelled. In other words, the ex parte order will remain in effect. This means the landlord will be able file the order with the Sheriff and ask the Sheriff to evict the tenant.

If the member does set the ex parte order aside, the member will replace the ex parte order with a new order.

Contact the Landlord and Tenant Board

Last updated: June 2019