Facing an L3 or L4 Order You Never Saw Coming? How the S2 Set-Aside Motion Works

Some eviction orders from Ontario's Landlord and Tenant Board (LTB) are made "ex parte", meaning on the landlord's paperwork alone, with no hearing. The S2 is how a tenant or co-op member asks the Board to cancel one. It mostly comes up after an L3 (based on the tenant's own notice or agreement to move) or an L4 (the tenant broke a settlement or order). For the tenant, a timely S2 puts the eviction on hold until a hearing; for the landlord, it means getting ready to defend the order.

The S2 in brief

How the S2 works

Orders on an L3 (RTA s. 77)

1. A tenant signs an N11 agreement, or gives an N9 or similar notice.
2. Without telling the tenant, the landlord applies for an eviction order (s. 77(1)).
3. The tenant has 10 days to bring a motion to set the order aside. Once filed, the motion stays (pauses) the order (s. 77(6)–(7)).
4. After hearing the motion, the Board must cancel the order where neither an agreement nor a notice actually existed. It may cancel if the prescribed test is met. Otherwise the stay ends, either immediately or from a date the Board picks (s. 77(8)).

The test since September 21, 2026. O. Reg. 516/06, s. 8.2 sets it. Cancelling is allowed only if the Board, weighing all the circumstances, is satisfied it "would not be unfair". Anything that changed for the tenant after signing or giving notice is off the table.

Orders on an L4 (RTA s. 78)

1. A Board order or mediated settlement included a term letting the landlord apply ex parte on a breach.
2. The landlord files an L4 (s. 78(1)).
3. Within 10 days, the tenant may bring the set-aside motion; filing it stays the order (s. 78(9)–(10)).
4. The Board cancels the order if the L4 requirements weren't met, or if cancelling is shown not to be unfair; failing both, the stay ends (s. 78(11)). A cancellation on fairness grounds can come with amendments to the earlier settlement or order (s. 78(12)).

Is the S2 the right form?

Ask one question first: was there a hearing?

• No hearing (an L3 or L4 order): the S2 is the right tool.
• There was a hearing, and the tenant missed it or disagrees with the result: the route is a review request, which has a 15-day limit when the order is dated July 1, 2026 or later.
• An L1 arrears order, now fully paid: the motion to void is the right form.

Counting the days

• Ten days after issue (ss. 77(6), 78(9)), not counting the issue date (Legislation Act, 2006, s. 89(3)). If the tenth day is a Saturday, Sunday or other day the Board's offices are shut, the deadline rolls forward to its next open day (Legislation Act, 2006, s. 89(1)–(2); Rule 1.14).

Example. An L3 order issues on Thursday, March 11, 2027. Day one is Friday, March 12, so day ten is Sunday, March 21. The motion is due on the next open day, Monday, March 22, 2027. - Missed the window? File your extension request together with the S2, not later (Rule 16.2(b)–(c)). In deciding it, the Board looks at the length of the delay, the explanation, and whether the landlord is prejudiced (Rule 16.4). - Service: both the motion and the Notice of Hearing go to the landlord 48 hours or more before the hearing begins (Rule 5.11). - The Sheriff: the tenant must promptly deliver copies of the motion, stay and Notice of Hearing to the Court Enforcement Office (Rule 25.1, echoed on the S2). - The order's shelf life: an eviction order normally has to be filed with the Sheriff within six months (s. 81), but that period is paused while a set-aside motion at the LTB is staying the order (Guideline 10).

Completing the S2: four steps

The current version is 01/04/2022: one page, plus a request for French-language services and accommodation.

1. Between / File Number. The landlord's or co-op's name, the tenant's or member's name, the unit address, and the file number shown on the order.
2. The request. The printed sentence has two blanks: who is asking, and the date on the order being challenged.
3. Explain why you think the order should be set aside. Set out your grounds. Examples: - you never signed an agreement or gave notice; - someone else signed your name; - you didn't breach the settlement terms; - why cancelling the order would not be unfair.
4. Signature. Choose Tenant, Co-op Member or Representative, then fill in name, phone and date.

Filing it

It costs nothing. The Board's forms page places the S2 among the forms filed on the Tribunals Ontario Portal, after which a hearing date is set and a Notice of Hearing goes out.

What each side should do

For tenants filing this

• [ ] File within 10 days of the order (or include a request to extend time).
• [ ] Write out your reasons in the explanation box; don't leave it blank.
• [ ] Get copies to the Court Enforcement Office right away.
• [ ] Serve the S2 and Notice of Hearing at least 48 hours before the hearing.
• [ ] For an L3 order, focus on the facts at the time you signed or gave notice. Later changes in your life can't be considered.

For landlords receiving this

1. Hold off on enforcement. From the moment the motion arrives, the order is on hold (ss. 77(7), 78(10)). Don't ask the Sheriff to act on it.
2. L3 order: gather the paper trail. Bring the tenant's signed N11, or their N9 or other written notice; proof of when and how you got it; and your L3 affidavit. Where the tenant disputes the signature, emails, the story of the signing and any witness can help prove it.
3. Speak to the "not unfair" test. Explain the unfairness to you of cancelling the order. You might, for instance, have: - found a new tenant for the unit; - planned a sale or a move-in based on the notice; or - spent money in reliance on it.

Remember that the tenant's later change of circumstances is not something the Board can weigh. 4. L4 order: show the breach. Have the earlier settlement or order with you, plus the breach affidavit, records such as a rent ledger for every term missed, and proof that an ex parte application was permitted (s. 78(1)–(2)). 5. Ask for a concrete result. Lifting can be immediate or delayed to a set date (ss. 77(8)(c), 78(11)(c)); tell the Board what timing you need and the reason.

Six reasons an S2 fails

1. Too late. Filed after the 10 days with no extension request alongside it (Rule 16.2).
2. Wrong form. It was aimed at an order made after a hearing, or at an L1 order.
3. Leaning on later events. For L3 orders, post-notice changes in the tenant's life are excluded from consideration (O. Reg. 516/06, s. 8.2(2)), so a motion resting only on them can fail.
4. Blank reasons. The explanation box is mandatory.
5. Late service. The 48-hour minimum in Rule 5.11 was missed.
6. The Sheriff was never told. If the Court Enforcement Office doesn't know about the stay, enforcement could go ahead.

After the hearing

There are two outcomes:

• The order is set aside. A fresh order issues, and the landlord's original application either continues or is dismissed.
• The stay is lifted. The eviction can then go forward on the date the Board sets.

What changed in 2026

As of September 21, 2026, the wording of RTA s. 77(8)(b) now refers to prescribed circumstances, and the new O. Reg. 516/06, s. 8.2 supplies the test for L3 orders: cancel only if that would not be unfair, without weighing changes in the tenant's circumstances after the notice or agreement. The S2 form (01/04/2022) has not been reissued. The LTB Operational Update has the details.

Your S2 questions

Will an S2 pause the eviction?

Yes. From receipt of the motion until the Board rules, the L3 or L4 order is stayed and unenforceable (ss. 77(7), 78(10)). Give the Sheriff a copy.

I signed an N11 but couldn't find somewhere to move. Can I get the order cancelled?

Under the September 2026 test, the Board cancels an L3 order only if doing so would not be unfair, and it can't consider changes in your circumstances after you signed the N11 or gave notice.

What is the deadline for an S2?

Ten days from issue, excluding the issue date itself, pushed to the next open day if it ends on a weekend or Board closure. If you are late, file a request to extend time together with the motion (Rule 16.2).

Does it cost anything, and how is it filed?

It's free. The LTB's forms page lists it for filing on the Tribunals Ontario Portal. A hearing is scheduled, and the Notice of Hearing has to be served at least 48 hours ahead (Rule 5.11).

Can I use an S2 if there was a hearing?

No. It only covers orders made without one, like L3 and L4 orders. Orders made after a hearing are challenged by a request to review, which has a 15-day limit for orders dated July 1, 2026 or later.

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

Last reviewed October 31, 2026. General information, not legal advice for your situation. Always use the current version of the form from the LTB.