An eviction order issued "ex parte", meaning without a hearing, can be challenged by the tenant (or co-op member) using Form S2 at the Ontario Landlord and Tenant Board (LTB). In practice that means an order on a landlord's L3, where the tenant gave notice or agreed to leave, or on an L4, where the tenant broke a settlement or an earlier order. A motion filed in time puts the eviction on hold until it has been heard, which is why a landlord holding one of these orders needs to understand it.
At a glance
| Filed by | The tenant (or co-op member) against whom an eviction order was made without a hearing |
| Time limit | 10 days from the date the order is issued |
| Service | On the landlord at least 48 hours ahead of the hearing |
| Where it goes | To the LTB through the Tribunals Ontario Portal, after which the LTB issues a Notice of Hearing |
| Fee | None |
| Landlord's next step | No form to file; the landlord attends and argues the motion |
How the motion works
Against an L3 order (s. 77)
If the tenant gave you an N9 or similar notice, or signed an N11 agreement, the landlord can obtain an eviction order without notice to the tenant (s. 77(1)). Within 10 days the tenant can move to have it set aside, and the motion automatically stays the order (s. 77(6)–(7)). After hearing it, the Board must cancel the order where no agreement or notice actually existed, and may cancel it where the prescribed test is satisfied. If neither applies, it lifts the stay, either at once or as of a later date (s. 77(8)).
That test, in force since September 21, 2026, sits in s. 8.2 of O. Reg. 516/06. The Board cancels the order only where, looking at everything, it is satisfied the result "would not be unfair". Changes in the tenant's circumstances that came about after the agreement was signed or the notice was given are off the table.
Against an L4 order (s. 78)
If a mediated settlement or an order provided that the landlord could apply without notice should the tenant breach its conditions, an L4 is available to the landlord (s. 78(1)). The tenant again has 10 days for a set-aside motion, and bringing it freezes the order (s. 78(9)–(10)). The order is cancelled if the L4 requirements were not satisfied, or if it is satisfied that setting aside would not be unfair; otherwise the stay is lifted (s. 78(11)). Where it relies on the fairness ground, the Board may also change the terms of the underlying settlement or order (s. 78(12)).
Where the S2 does not apply
The S2 targets only orders made without a hearing. A tenant who missed a hearing, or disagrees with the result of one, uses a Request to Review an Order instead; for orders dated July 1, 2026 or later, it must be filed within 15 days. And a tenant who has paid off the arrears in an L1 eviction order uses the Tenant's Motion to Void to cancel it.
The timeline
- Filing window. Sections 77(6) and 78(9) allow 10 days after the order issues. Under the Legislation Act, 2006, s. 89(3), the issue date itself is not counted, and if the last day is a weekend or other day the Board is closed, s. 89(1)–(2) of that Act and Rule 1.14 carry it to the next day the LTB is open. For example, an order issued on Thursday, March 4, 2027 has a tenth day of Sunday, March 14, so the deadline becomes Monday, March 15.
- Late filing. Rule 16.2(b)–(c) requires any extension request to be filed together with the S2. The Board then weighs how late it is, why, and whether anyone is prejudiced (Rule 16.4).
- Service. Rule 5.11 requires the S2 and Notice of Hearing to be served at least 48 hours before the hearing begins.
- The Sheriff. The tenant has to bring the motion, the Notice of Hearing and the stay to the Court Enforcement Office right away (Rule 25.1, repeated on the S2).
- Your order's shelf life. While a set-aside motion stays the order, the six months you have to file it with the Sheriff (s. 81) is paused (Guideline 10).
What the tenant fills in
The S2 (version 01/04/2022) is a single page, with a French-language and accommodation request attached. Knowing its fields tells you what you will be answering.
- Between / File Number: the landlord or co-op name, the tenant or member name, the unit address and the LTB file number shown on the order.
- The request: "I, ___, am asking that the Landlord and Tenant Board set aside the order dated ___ for the unit identified above."
- The reasons box: here the tenant sets out why the order should be cancelled. Typical ones are that no agreement or notice existed, that the signature is not the tenant's, that the settlement conditions were not breached, or reasons why setting the order aside would not be unfair.
- Signature: a tick for Tenant, Co-op Member or Representative, with name, phone number and date.
How it is filed
No fee is charged. According to the LTB's forms page, the S2 is filed through the Tribunals Ontario Portal. The LTB then sets a hearing and sends out a Notice of Hearing.
Responding as the landlord
Halt enforcement. Receipt of the motion stays the order (ss. 77(7), 78(10)), so hold off on any request to the Sheriff.
On an L3 order, assemble the paper trail. Bring the tenant's written notice (an N9 or otherwise) or the signed N11; evidence of when and how it reached you; and the affidavit filed with your L3. If the tenant says the signature is not theirs, be prepared to prove it through emails, the circumstances in which it was signed, and any witness.
Meet the fairness test head-on. Explain what unfairness you would suffer if the order were cancelled. Common examples:
- a new tenant has already been signed for the unit;
- you committed to a sale or a family move-in relying on the notice; or
- you have spent money on the strength of it.
Remind the Member that changes in the tenant's situation after the signing or notice cannot be considered.
On an L4 order, prove the breach and the authority. Bring the settlement or order you relied on, the affidavit of breach you filed, a rent ledger or similar records proving every condition the tenant missed, and evidence that the terms authorized an application without notice (s. 78(1)–(2)).
Ask for a concrete date. If the stay is lifted, it can take effect right away or on a future date the LTB chooses (ss. 78(11)(c), 77(8)(c)). Tell the Member which date you need and why. And if the result goes against you after a hearing, the ordinary review route and its 15-day deadline are what remain.
Weak points in a tenant's motion
- Late filing. More than 10 days after the order, with no extension request filed alongside (Rule 16.2).
- The wrong remedy. The S2 does not reach L1 orders or any order made after a hearing.
- Reliance on later events. On an L3 order, s. 8.2(2) of O. Reg. 516/06 keeps out anything that changed for the tenant after the notice or agreement, so a motion resting solely on such changes may fail.
- No reasons. The form requires an explanation of why the order should go.
- Late service. Served inside the 48-hour window before the hearing, contrary to Rule 5.11.
- The Sheriff never told. If the Court Enforcement Office has no notice of the stay, the tenant risks enforcement.
Possible outcomes
After the hearing, one of two things happens. Either the LTB sets the order aside, in which case the original application carries on or is dismissed and a new order issues; or it lifts the stay, and the eviction proceeds on the date the LTB fixes.
The September 2026 change
Effective September 21, 2026, an amendment made RTA s. 77(8)(b) point to prescribed circumstances, which O. Reg. 516/06 now defines in a new s. 8.2. An order is set aside only where that would not be unfair, and the tenant's post-agreement or post-notice changes in circumstances are excluded. The LTB did not issue a new S2; version 01/04/2022 remains current. The LTB Operational Update has the details.
Frequently asked questions
Does an S2 put the eviction on hold?
Yes. When the LTB receives the motion, the L3 or L4 order is stayed and cannot be enforced until the LTB rules (ss. 77(7), 78(10)). A copy must go from the tenant to the Sheriff.
Can a tenant undo a signed N11 because they could not find a new home?
Under the test in force since September 2026, an L3 order is set aside only where that would not be unfair, and anything that changed for the tenant once the N11 was signed or notice given is excluded from consideration.
How long does a tenant have to file an S2?
Ten days after the order is issued, not counting the day of issue, with a deadline that falls on a closed day moving to the LTB's next open day. A late motion needs an extension request filed with it.
Does the tenant pay a fee for an S2?
No. There is no filing fee for this motion.
Official sources
- Residential Tenancies Act, 2006, ss. 77, 78, 81
- O. Reg. 516/06, s. 8.2
- Motion to Set Aside an Ex Parte Order – Form S2 (PDF)
- LTB Rules of Procedure, Rules 1.14, 5.11, 16.2, 16.4, 25.1
- Legislation Act, 2006, s. 89
- Interpretation Guideline 10
- LTB Operational Update, September 21, 2026
- LTB Forms, filing and fees