The tenants brought a motion to quash the landlord's appeal of an interim order by the Landlord and Tenant Board that required the landlord to return possession of their residential units following an illegal lockout.
The landlord had refused the tenants access to their units after a minor fire, despite a city order permitting access.
The Divisional Court granted the motion to quash, finding that the Board's order was interlocutory and therefore not subject to appeal.
The court also held that the landlord's appeal was an abuse of process intended to delay proceedings and subvert the tenants' presumptive right to occupy their homes.
