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What can I do if the Board makes an eviction order against me but there was no hearing?

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What can I do if the Board makes an eviction order against me but there was no hearing?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)

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What can I do if the Board makes an eviction order against me but there was no hearing?
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Reviewed: 
December 31, 2015
Answer

In some situations, the Landlord and Tenant Board can make an eviction order without holding a hearing. This is called an ex parte order.

Your landlord can apply for an ex parte order, without giving you any notices, if your landlord claims that any of these things happened:

  • you did not follow a Board order or mediated agreement from an earlier eviction case, and that order or agreement says that your landlord can apply to the Board without telling you
  • you and your landlord agreed that you would move out
  • you gave your landlord a written notice saying you would move out

If your landlord applied for an ex parte order, you might not find out about it until the Board sends you a copy of the order. You can tell it is an ex parte order if it says "Order under section 77(4)" or "Order under section 78(6)" at the top. And it should mention one of the three points above.

If you've decided to move, you should do so by the day that the Board has ordered you to move out. This is sometimes called the termination date and it is usually on the last page of the order. After the termination date, your landlord can get a court official called the Sheriff to physically evict you.

If you do not want to move, you must do something about the eviction order right away.

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