Ontario Landlords: Understanding Motions to Void an Order at the LTB (2025 Update)

A Motion to Void an Order is a procedural request made to the Landlord and Tenant Board (LTB) asking the Board to cancel or "void" an eviction order that has already been issued. This process is governed by the Residential Tenancies Act, 2006 (RTA) and is most commonly used when:

• A tenant pays all arrears before the enforcement date,
• A tenant disputes an ex parte eviction order,
• A tenant brings forward new evidence that affects the enforceability of the order, or
• A landlord or tenant believes the order was issued in error.

This motion is essential because it can pause enforcement and allow the Board to reconsider the case.

When a Motion to Void an Order Can Be Filed

A motion to void may be filed in the following situations:

1. Tenant Pays All Rent Arrears Before Eviction

Under RTA section 74, a tenant can void some eviction orders by:

• Paying all rent owing
• Paying all additional charges authorized by the order
• Paying the sheriff's fee (if the file has already gone to enforcement)

If all required amounts are paid before the sheriff changes the locks, the eviction can often be voided.

2. Ex Parte Orders (Section 78)

If the LTB issued an ex parte order (an order made without a hearing), the tenant may file a motion to void when:

• The tenant believes they did not breach the mediated agreement
• The tenant did not receive the documents
• The amounts in the order are incorrect
• The order was issued in error

In these cases, the LTB may review the order and decide whether to cancel or amend it.

3. Errors or Irregularities

A motion to void can be filed if:

• The Board issued an order based on incorrect information
• Service of documents was improper
• A procedural error affected the decision

4. Agreements Not Followed Properly

If an order is based on a mediated agreement or consent order and:

• The tenant complied, or
• The terms were unclear,

the tenant may request that the order be voided.

What a Motion to Void Can Achieve

A successful motion can:

• Cancel the eviction order
• Pause enforcement while the Board reviews the matter
• Require the landlord to accept full payment of arrears
• Reopen the original case
• Correct errors in the original order
• Provide the tenant more time to comply with conditions
• Convert an ex parte order into a scheduled hearing (if appropriate)

However, the LTB will only void an order when legal requirements under the RTA are satisfied.

What Must Be Included in a Motion to Void

A complete motion includes:

1. The Order You Want Voided

Attach the full LTB order in question.

2. Reasons for the Motion

Examples:

• Full payment was made
• Order was issued in error
• Service was improper
• Payment plan was complied with
• Tenant disagrees with breach allegation

3. Evidence Supporting the Motion

Common evidence:

• Payment receipts
• Bank statements or e-transfer confirmations
• Email or text communication
• Rent ledger
• Proof of compliance with conditions
• Proof of improper service

4. Completed Motion Form

This must include:

• File number
• Tenant and landlord names
• Unit address
• Grounds for the motion

5. Filing Fee (If Required)

Some motions require payment unless the tenant qualifies for fee waiver.

The LTB Process After Filing a Motion to Void

1. Review for Eligibility

The LTB checks:

• Whether the motion was filed within the allowed time
• Whether requirements under the RTA have been met

2. Enforcement Is Usually Paused

In many cases, filing a motion automatically stays enforcement until a decision is made.

3. A Hearing May Be Scheduled

The LTB may:

• Schedule a hearing
• Review the motion in writing
• Request additional evidence

4. Decision

The Board may:

• Void the eviction order
• Amend the order
• Dismiss the motion
• Issue a conditional order
• Schedule a full hearing (common for ex parte matters)

Common Mistakes When Filing a Motion to Void

Frequent errors include:

• Not attaching proof of payment
• Filing too late after enforcement has already occurred
• Providing unclear or incomplete evidence
• Not attaching the order being challenged
• Incorrect amounts paid (e.g., forgetting sheriff's fees)
• Filing the wrong type of motion
• Misunderstanding whether the original order was voidable under RTA s. 74

These mistakes often lead to dismissal or enforcement continuing.

When to Seek Professional Assistance

A motion to void an eviction order is time-sensitive and requires precise documentation. Professional assistance is recommended when:

• Full payment is complicated or involves multiple transactions
• The original order was based on a mediated settlement
• There are allegations of improper service
• Enforcement (sheriff) is already scheduled
• The tenant disputes the breach of a conditional order
• The landlord requires guidance on whether to oppose the motion

Experienced professionals help ensure the motion is filed correctly and supported by strong evidence.

Sources

1. Residential Tenancies Act, 2006 — Sections 74, 77, 78
2. LTB Rules of Procedure — Motions
3. LTB Interpretation Guidelines
4. LTB Forms — Motion to Void