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Motions to Set Aside & Review Requests
Applications to set aside ex parte orders and Review Requests where the Board made a serious error.
Internal Board remedies.
Before heading to Divisional Court, there are two internal remedies worth considering:
- Motion to Set Aside — where an order was issued ex parte (e.g., following non-attendance) and there is a reasonable explanation for the absence.
- Review Request — where the Board made a serious error or where procedural fairness was not observed.
The timelines are tight. A set-aside motion on an ex parte order must generally be filed within 10 days. Review Requests within 15 days of the order.