Canada Form S2 - Ontario 2015 free printable template

Motion to Set Aside an Ex Parte Order Form S2 Between: File Number Landlord/Coop Name: Tenant/Coop Member Name: Address of Rental Unit/Coop Member Unit: I, am I asking that the Landlord and Tenant

How to fill out Canada Form S2 - Ontario

How to fill out a motion to set aside:

1. Begin by addressing the court and including the case information, such as the case number, the names of the parties involved, and the court's jurisdiction.
2. Clearly state the grounds for seeking to set aside the previous decision or judgment. Provide specific details and evidence supporting your claim. It is essential to demonstrate how the decision was made in error or based on faulty information.
3. Include a statement explaining the legal basis for your motion, such as a violation of due process rights or the discovery of new evidence that was not available during the original proceedings.
4. Provide a concise and persuasive argument outlining why the court should grant your motion. Emphasize the potential injustices or harm that would result from upholding the original decision.
5. Attach any relevant supporting documents, such as affidavits, expert opinions, or exhibits, to strengthen your argument. Make sure to label and organize these attachments clearly.
6. Sign the motion and date it at the bottom, indicating that all the information provided is true and accurate to the best of your knowledge.
7. File the motion with the appropriate court and serve a copy to all parties involved in the case. Follow the court's specific filing procedures and deadlines to ensure the motion is properly submitted.
8. Keep a copy of the filed motion for your records and maintain open communication with your attorney, if you have one, throughout the process.

Who needs motion to set aside?

1. Parties who believe a previous court decision or judgment was made in error.
2. Individuals who have discovered new evidence that could potentially alter the outcome of a case.
3. Anyone who feels their due process rights were violated during the original proceedings.
4. Defendants who were not properly served or were denied the opportunity to present their case.
5. Plaintiffs who have reached a settlement agreement but later determine they were coerced or unfairly influenced into accepting the terms.
6. Persons who were not aware of the legal proceedings against them and were therefore unable to defend themselves in court.
7. Individuals who have new information that could potentially prove their innocence or establish a valid defense.
8. Anyone who believes a judgment was obtained through fraudulent means or misrepresentation.

People Also Ask about

How do you win an ex parte hearing?

Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application. Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). If the other party is harassing you or forcing you, provide the court with the records. Be prepared for a full hearing.

How do I set aside an ex parte order?

Any application filed after the conclusion of the arguments is not maintainable and in that eventuality, person being aggrieved on account of proceeded exparte order has a remedy to file appropriate proceedings under Order 9 Rule 7 CPC praying therein to set-aside ex-parte decree."

How do you respond to ex parte?

Opposing an Ex Parte Motion However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.

What is an example of an ex parte motion?

An Ex Parte Motion is when one side gets to meet with the judge without the other side there. This can be to ask for an order. For example, if you cannot file and serve a Motion within the time limits required by law, you can ask the court for an Order Shortening Time For Service of Notice of Motion.

How do you respond to an ex parte order?

Opposing an Ex Parte Motion However, respondents have two choices: they can either attend the court appearance in person themselves or file a written response to the motion. The respondent of the ex parte motion has the right to appear in person at the court hearing, even without an attorney.

What are the advantages of an ex parte order?

What Are the Advantages of Filing an Ex Parte Order? When an ex parte order is made, it has the full weight of a court order behind it. This allows the party who receives it to immediately act on it.

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What is motion to set aside?

A motion to set aside is a legal request asking the court to invalidate a previous judgment or order.

Who is required to file motion to set aside?

The party who is seeking to overturn the judgment or order is required to file a motion to set aside.

How to fill out motion to set aside?

A motion to set aside must be filled out with the specific grounds for overturning the judgment or order and any supporting evidence.

What is the purpose of motion to set aside?

The purpose of a motion to set aside is to seek relief from a judgment or order that was obtained unfairly or in error.

What information must be reported on motion to set aside?

The motion to set aside must include the case number, the specific judgment or order being challenged, the grounds for overturning it, and any supporting evidence.