2. Ask the Board for a "set aside" hearing

What can I do if the Board makes an eviction order against me but there was no hearing?
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2. Ask the Board for a "set aside" hearing

You can ask the Board to "set aside" the ex parte order and hold a hearing where you will have a chance to tell your side.

To do this you must file a form called an S2-Motion to Set Aside an Ex Parte Order with the Board as soon as possible.

Time limit

If you file this motion within 10 days after the date of the ex parte order, the Board will schedule a hearing.

If you missed the 10-day deadline, you must also fill in a Request to Extend or Shorten Time form. You must give the Board a good reason for missing the deadline, and explain why it would be fair to extend it.

Filling out the S2 form

To fill out the form, first you must find out the reason that the Board made the eviction order. This reason should be on the first page of the order. If you live near a Board regional office, you can contact them and ask for a copy of the papers your landlord used to ask for the ex parte order.

What you should put on your Form S2 depends on which reason your landlord used when filing the Ex Parte application.

If your landlord told the Board that you did not follow a Board order or mediated agreement

To ask the Board to evict you for this reason, your landlord had to sign a sworn statement saying which part of the order or agreement you did not follow.

A common example is agreeing to a payment schedule and then being late with a payment.

If you did follow the agreement or order, it's important to bring evidence to the Board to prove this. If you did not follow it, describe why that happened and what you will do to correct it.

If your landlord told the Board that you agreed to move out

To ask the Board to evict you for this reason, your landlord had to give them a copy of any written agreement between you and your landlord saying that you would move out, and sign a sworn statement about the agreement. If there was no written agreement, your landlord had to sign a sworn statement saying that you made a spoken agreement to move out.

If you didn't agree to move, or your landlord forced you to agree, these are good reasons to put on your ex parte motion form.

You should also explain why you need to keep your home because of your personal, family, or work situation, and if your situation has changed since you agreed to move.

If your landlord told the Board that you gave notice to move out

To ask the Board to evict you for this reason, your landlord had to give them a copy of a written notice from you, saying that you wanted to move out, and sign a sworn statement about the notice.

If you didn't write the notice or if your landlord forced you to give notice, these are good reasons to put on your S2 motion form.

You should also explain why you need to keep your home because of your personal, family, or work situation, and if your situation has changed since you gave notice.

You May Also Need

Landlord and Tenant Board (LTB)
Advocacy Centre for Tenants Ontario (ACTO)
Landlord and Tenant Board (LTB)
Reviewed: December 31, 2015

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