Ontario Landlords: Understanding the L4B Application After an Ex Parte Set-Aside (2025 Update)

The L4B Application is a lesser-known but very important tool under Ontario's Residential Tenancies Act, 2006 (RTA). It is used when a tenant successfully files a Motion to Set Aside an ex parte eviction order (usually issued through an L4A), and the landlord wishes to continue the eviction process without restarting from zero.

The L4B enables landlords to proceed directly with a hearing based on the original breach — most commonly unpaid rent under a mediated agreement or Consent Order — saving time and preventing procedural delays.

When an L4B Application Can Be Filed

A landlord can file an L4B only when:

1. An ex parte eviction order was issued (typically from an L4A).
2. The tenant filed a Motion to Set Aside that order.
3. The LTB granted the tenant's motion and cancelled the ex parte order.
4. The landlord still wishes to proceed with eviction or collection.

The L4B is the procedural next step after an ex parte order is set aside.

It cannot be used unless a previous ex parte order existed.

Why the L4B Exists

Without the L4B, a landlord would need to:

• Serve a new notice
• File a new eviction application
• Restart the entire process

This could take months.

The L4B preserves the original case, allowing the LTB to hear it through a regular process now that the ex parte order was cancelled.

What the L4B Application Covers

The L4B is used to:

• Continue the eviction process
• Seek a monetary order
• Present evidence of the tenant's breach
• Move the matter forward to a full hearing

Most commonly, the L4B arises from:

• Missed payment plan schedules
• Failure to stay current with ongoing rent during a mediated agreement
• Breaches of Consent Orders under section 78 of the RTA

What Must Be Included in the L4B

A properly completed L4B must include:

1. A Copy of the Previous Ex Parte Order

This shows the original eviction was granted.

2. A Copy of the LTB's Set-Aside Order

This confirms the ex parte order was cancelled.

3. Evidence Related to the Breach

Depending on the case:

• Rent ledger
• Payment history
• Bank deposit records
• Communication records
• Original Consent Order
• Mediated agreement outlining obligations

4. Accurate Details About the Tenancy

• Rent amount
• Frequency of payment
• Terms of the tenancy
• Any arrears owing or reaccumulated arrears

5. Filing Details

• Completed L4B form
• Application fee
• Attachments required by the form

What Happens After Filing the L4B

The L4B triggers a regular hearing (not ex parte).

The LTB will:

1. Schedule a hearing date.
2. Issue a Notice of Hearing.
3. Require the landlord to serve the hearing documents on the tenant.

At the hearing, the landlord must prove:

• The tenant breached the original agreement or order
• The breach justifies eviction or a monetary order
• All calculations of arrears or obligations are accurate
• All notices and documents were properly served

The Hearing Process

At the hearing, the LTB Member will review:

• The original mediated agreement or Consent Order
• The terms of any repayment schedule
• The facts surrounding the breach
• Any payments made since the set-aside order
• Any tenant explanations (e.g., temporary hardship, disputes about amounts)

Members often look for:

• Patterns of non-compliance
• Reasonability of payment terms
• Whether the landlord acted promptly
• Clear and organized evidence

If satisfied, the Member may grant:

• An eviction order
• A monetary order for arrears
• Costs allowed under the RTA
• Conditional orders (in rare cases)

Common Mistakes That Lead to Delays or Dismissal

Frequent errors in L4B applications include:

• Missing copy of the ex parte order
• Missing copy of the set-aside decision
• Incorrect or incomplete rent ledger
• Failure to prove the breach
• Missing evidence attachments
• Misunderstanding what obligations were required under the Consent Order
• Failing to serve the Notice of Hearing correctly
• Conflicting or inaccurate rent calculations

Because this is a continuation of an earlier process, the LTB expects full documentation.

When to Seek Assistance

The L4B is procedural and technical.

Landlords often seek support to:

• Gather proper evidence
• Organize rent ledgers
• Understand the implications of the set-aside decision
• Ensure the L4B is filed correctly
• Prepare for the hearing
• Present the case clearly and efficiently

Professional assistance reduces the risk of adjournments or dismissal and increases the chances of obtaining an enforceable order.