Missing a scheduled hearing at the Landlord and Tenant Board can feel overwhelming for a tenant. In Ontario, a missed hearing can lead to a default decision against you, but that outcome is not always final. This guide explains what typically happens after a missed Landlord and Tenant Board hearing, the immediate actions tenants should take, which official forms and notices are commonly involved, and practical examples of how to ask the Board to set aside a default judgment. Examples include calling the Board to confirm hearing details, filing an application to set aside a decision when you had a legitimate reason to miss the hearing, and requesting an urgent new date if a notice was not properly served. Wherever possible, keep records of phone calls, emails, and receipts to support your case.
What happens after a missed hearing?
If you do not attend your scheduled hearing, the Board may proceed in your absence and issue a default decision. A default decision can order eviction, a money award, or both depending on the application. You should check the Boards online case portal or call the Landlord and Tenant Board to confirm whether a decision was made and to learn the next steps for asking the Board to reconsider.[1]
Immediate steps to take
- Contact the Landlord and Tenant Board as soon as possible to confirm whether a decision was issued and to get instructions on filing a request to set aside.
- Prepare and file any required application or motion asking the Board to set aside the default decision, explaining why you missed the hearing.
- Gather evidence that explains your absence, such as medical notes, travel records, employer letters, or proof you did not receive proper notice.
Forms and legislation to know
Ontario tenants commonly encounter these official forms and rules when addressing a missed hearing. The governing law is the Residential Tenancies Act, 2006, which describes tenancy rights and remedies in Ontario.[2]
Common forms
Form L1 (Application to end tenancy and evict a tenant): used by landlords to start eviction for non-payment or other grounds. Example: a landlord files an L1 for unpaid rent; if you miss the hearing, the Board might grant an eviction order.[3]
Form L2 (Application to collect rent and/or other charges): used to request money owed, such as rent arrears. Example: if an L2 hearing proceeds without you, a default money order could be issued.
If you are unsure about rent calculations or obligations, see Tenant''s Guide to Paying Rent: Rights, Responsibilities, and Tips for practical steps on records and receipts. Also review What Tenants Need to Know After Signing the Rental Agreement to confirm obligations that affect disputes.
If you must find a new place because of a final order, Find rental homes across Canada on Houseme to browse current listings and consider options while you pursue remedies.
FAQ
- Can I ask the Board to set aside a default decision?
- Yes. You can apply to have a default decision set aside by explaining your reason for missing the hearing and providing supporting evidence; act quickly and follow Board filing rules.
- How long do I have to request that a default be set aside?
- Deadlines vary with the Boards directions; contact the Board immediately and file any application promptly to avoid forfeiting rights.
- Do I need a lawyer or paralegal?
- You can represent yourself, but you may want legal or community clinic help if the case is complex or involves eviction.
- What if I never received the hearing notice?
- If you did not receive proper notice, tell the Board and include evidence of lack of service when asking to set aside a decision.
How-To
- Confirm the Boards decision status by calling or checking the Landlord and Tenant Board online portal.
- Identify and prepare the correct application or form required to ask the Board to set aside the default decision.
- Collect and organize supporting evidence showing why you missed the hearing, such as medical notes or service failures.
- Contact the Board to confirm filing fees, submission options, and whether an urgent hearing is available.
- If the dispute involves repairs or habitability, document repairs requested and responses to strengthen your position.
- Attend any new hearing and bring originals and copies of all documents and a clear timeline of events.
Key Takeaways
- Respond quickly to notices and confirm whether a decision was issued to avoid losing rights.
- Keep rent receipts, payment records, and communication logs to defend against money claims.
- If you have a valid, documented reason for missing a hearing, apply promptly to set aside the default decision.
