FORM S2 – Motion to Set Aside an Ex Parte Order

Jurisdiction: Country: Canada | Province or State: Ontario

What is a Form S2 – Motion to Set Aside an Ex Parte Order in Ontario?

The “Form S2 – Motion to Set Aside an Ex Parte Order in Ontario” is a legal document used in the Ontario court system. An ex parte order is an order made by the court without the presence or notification of all parties involved. This form allows the affected party, who was not present during the issuance of an ex parte order, to request the court to review and potentially overturn that decision.

Who Typically Uses This Form?

Typically, individuals or entities who were subject to an ex parte order without their knowledge or participation use this form. This can include individuals involved in family law cases, such as custody or support disputes, or businesses required to comply with orders impacting their operations. The form serves as a tool for those who believe the ex parte order was unjust or made based on incomplete or inaccurate information.

Why Would You Need This Form?

You might need this form if you find yourself affected by an ex parte order that you believe was unfairly issued. For instance, if a court issued a temporary custody order without allowing you to present your side, you could use this form to request a reconsideration. Similarly, if a business finds itself under a sudden regulatory order that was issued ex parte, this form can initiate a process to contest those conditions.

Typical Usage Scenarios

Imagine you are a parent who was not informed about a custody hearing, and an ex parte order granted custody to the other parent. Filing a Form S2 – Motion to Set Aside an Ex Parte Order would be your pathway to contest that decision and present your case in court. Alternatively, consider a landlord who discovers that an ex parte order was issued requiring them to make immediate repairs based on a tenant’s complaint, without their input. The landlord can use Form S2 to request the court to set aside that order until a full hearing can be conducted.

When Would You Use a Form S2 – Motion to Set Aside an Ex Parte Order in Ontario?

Understanding when to use this form is crucial. The form is applicable in scenarios where you believe an ex parte order was made without sufficient basis or without giving you a fair chance to present your side. For example, a tenant might use this form if they were unaware of a property dispute hearing that resulted in an order for their eviction. By filing this motion, the tenant can request the court to reconsider the order, ideally allowing them to remain in their home until a full hearing occurs.

Business owners might encounter similar needs. Suppose a small business owner finds that a regulatory body issued an ex parte order mandating operational changes or fines without prior notice. By filing Form S2, the business owner can seek a review, arguing the order should be set aside until they have an opportunity to contest the merits of the case.

In family law, this form is particularly useful. If a spouse learns that an ex parte order was issued granting the other spouse exclusive access to joint assets, the affected spouse can use this form to challenge the order. Filing the motion allows the court to hear their concerns and potentially reverse its decision pending a comprehensive hearing.

Legal Characteristics of the Form S2 – Motion to Set Aside an Ex Parte Order in Ontario

The Form S2 – Motion to Set Aside an Ex Parte Order in Ontario is a legally binding document. Its legal authority stems from the Ontario court system’s commitment to ensuring fairness and justice in legal proceedings. By allowing you to challenge an ex parte order, the form provides a mechanism to ensure that all parties receive a fair opportunity to present their case.

Is it Legally Binding? Why?

Yes, the motion is legally binding. Once filed, the court must review the request to set aside the ex parte order. The court’s decision on the motion determines whether the original order remains in effect or is overturned. The form’s binding nature ensures that the court must address the concerns raised and provide a legal rationale for its decision.

What Ensures Enforceability?

Enforceability is ensured through the formal legal process that accompanies the filing of the motion. Once you submit the form, the court schedules a hearing where both parties can present evidence and arguments. The court’s subsequent decision, whether to uphold or set aside the order, carries legal weight and must be observed by all parties involved.

General Legal Considerations

Filing this motion involves several legal considerations. You must ensure that the motion is filed promptly after the ex parte order is issued, as delays can affect the court’s willingness to review the case. Additionally, you should be prepared to provide compelling evidence or arguments demonstrating why the original order was unjust or based on incomplete information. Having legal representation can assist in navigating this process, ensuring that your case is presented effectively.

How to Fill Out a Form S2 – Motion to Set Aside an Ex Parte Order in Ontario

Filling out Form S2 requires attention to detail and an understanding of the information required by the court. Here’s a step-by-step guide to help you complete the form accurately:

Step-by-Step Instructions

Header Information: Begin by filling out the header section of the form. This includes the court’s name and location, as well as the case number associated with the ex parte order. Ensure this information matches the original court documents.

Parties Involved: Clearly identify all parties involved in the case. This includes your name and contact information, along with the names of other parties affected by the ex parte order. Accuracy in this section is crucial, as it ensures all parties are properly notified of the motion.

Description of the Ex Parte Order: Provide a detailed description of the ex parte order you are seeking to set aside. Include the date the order was issued, the specific details of the order, and any relevant case numbers. This information helps the court identify the order in question.

Grounds for Setting Aside the Order: Explain why you believe the order should be set aside. This section is your opportunity to present arguments and evidence supporting your case. Clearly articulate your reasons, referencing any legal grounds or factual inaccuracies that support your motion.

Supporting Evidence: Attach any relevant documents or evidence that support your request. This might include affidavits, witness statements, or documentation that contradicts the basis of the ex parte order. Ensure all attachments are clearly labeled and referenced in your explanation.

Signatures: Sign and date the form. If you have legal representation, your lawyer should also sign the form. This certifies that the information provided is accurate and complete to the best of your knowledge.

Filing and Serving the Motion: Once completed, file the form with the appropriate court office. Ensure you also serve a copy of the motion to all parties involved in the original order. This step is critical, as it ensures everyone is aware of the motion and can prepare for the hearing.

Attend the Hearing: After filing the motion, prepare to attend the court hearing. This is your chance to present your case in person, providing further evidence and responding to any questions from the judge. Be prepared to explain your position clearly and concisely.

By following these steps, you can effectively complete and submit a Form S2 – Motion to Set Aside an Ex Parte Order in Ontario. Doing so initiates a legal process that allows you to challenge the original order and seek a fair and just resolution.

Legal Terms You Might Encounter

When dealing with the Form S2 – Motion to Set Aside an Ex Parte Order in Ontario, you might come across several legal terms that could seem daunting at first. Here, we break them down for you:

• An Ex Parte Order is a court order issued in the absence of the other party. Typically, these orders are temporary and are granted in urgent situations where notifying the other party might defeat the purpose of the order. When you’re filling out Form S2, you’re asking the court to reconsider such an order.

• A Motion is a formal request made to the court to issue an order. In this context, you’re moving the court to set aside an order that was made without your knowledge or presence.

• Affidavit refers to a written statement confirmed by oath or affirmation, used as evidence in court. When completing Form S2, you might need to submit an affidavit to support your assertions.

• Jurisdiction is the authority given to a legal body like a court to administer justice within a defined field of responsibility. In this case, the Ontario court has the jurisdiction to decide on your motion.

• Respondent is the person against whom the motion is filed. If you are the one filing the motion, the person who obtained the ex parte order is the respondent.

• Applicant refers to the person who applies for a legal remedy, such as requesting to set aside an ex parte order. You are the applicant in this scenario.

• Relief is the assistance or remedy sought from the court. By filing this motion, you are seeking relief from the effects of the ex parte order.

• Service means delivering legal documents to the involved parties. Proper service ensures that the respondent is informed about your motion and can prepare accordingly.

• Hearing is the procedure during which the court listens to the arguments from both sides before making a decision. After submitting Form S2, a hearing might be scheduled.

• Adjournment refers to delaying a court proceeding to a later date. You might request an adjournment if you need more time to prepare or gather evidence for your motion.

FAQs

Do you need legal representation to file Form S2?

While it’s possible to file the motion yourself, having legal representation can be beneficial. A lawyer can help you understand the process and ensure all paperwork is properly prepared and filed.

What if you miss the deadline for submitting Form S2?

If you miss the deadline, the ex parte order will remain in effect. It’s crucial to act promptly and submit the form within the specified timeframe to protect your rights.

Can you file Form S2 electronically?

Yes, many courts in Ontario offer electronic filing options. However, ensure you follow the specific guidelines for electronic submissions, as they can vary.

What happens if the court denies your motion?

If your motion is denied, the ex parte order remains in effect. You may need to explore other legal options or consult with a lawyer for further advice.

How soon will you get a hearing date after filing Form S2?

Hearing dates can vary based on the court’s schedule. You will be notified of your hearing date once your motion is processed. Be prepared to present your case on that date.

What documents should you bring to the hearing?

Bring all relevant documents, including the original ex parte order, your completed Form S2, any affidavits, and other supporting evidence. Having organized documentation can strengthen your case.

Can you amend Form S2 after submitting it?

Amendments can be made, but the process depends on the court’s rules. It’s best to ensure accuracy before submission to avoid delays.

Checklist: Before, During, and After

Before Signing

• Gather all relevant documents, including the ex parte order in question and any supporting evidence.

• Prepare an affidavit outlining your reasons for seeking to set aside the order.

• Ensure you understand all sections of Form S2 and have filled it out completely and accurately.

During Signing

• Verify the accuracy of personal information and case details.

• Double-check the affidavit for consistency with the facts you intend to present.

• Confirm that all required sections are filled out and that the affidavit is notarized if needed.

After Signing

• File the completed Form S2 with the appropriate Ontario court.

• Serve the respondent with a copy of the motion and any supporting documents.

• Retain copies of all filed documents for your records.

• Note the hearing date and prepare your case accordingly.

Common Mistakes to Avoid

• Don’t forget to serve the respondent. Failing to serve the respondent properly can result in your motion being dismissed. Ensure you follow the correct procedures for service.

• Avoid incomplete forms. Leaving sections of Form S2 blank or partially completed can lead to delays or rejections. Carefully review your form before submission.

• Don’t underestimate the importance of evidence. Without adequate evidence to support your motion, the court may not grant your request. Gather all relevant documents and affidavits.

• Be mindful of deadlines. Missing filing deadlines can result in forfeiting your right to challenge the ex parte order. Mark your calendar and act promptly.

What to Do After Filling Out the Form

Once you’ve completed Form S2, ensure you file it with the court promptly. Follow up with serving the motion to the respondent, adhering to legal service requirements. Keep a personal copy of your filed documents and note the hearing date. Prepare for the hearing by organizing your evidence and understanding the arguments you will present. If any amendments are needed, consult with the court to ensure proper procedures are followed. After the hearing, regardless of the outcome, analyze the court’s decision and consider your next steps, which might include further legal action or compliance with the court’s ruling.