Adam Jonathan Zweig

This motion sought an extension of time to file a notice of appeal from a Superior Court order terminating a residential tenancy agreement, ordering possession, and awarding significant arrears and costs.

The moving party, a tenant who had withheld rent for an extended period, argued confusion regarding the proper appellate court.

While the court acknowledged the moving party's intention to appeal and explanation for delay, it ultimately dismissed the motion due to the lack of merit of the proposed appeal and the moving party's conduct, which included blatant delay tactics and continued non-payment of rent.

The applicants (landlords) brought a motion for security for costs and judgment pending an appeal by the respondent (tenant) of an order terminating his tenancy and requiring payment of over $115,000 in rent arrears.

The respondent had continued to occupy the unit without paying rent and had no apparent assets in Ontario.

The Divisional Court found the appeal appeared frivolous and vexatious, and that the ongoing overholding without rent payment constituted exceptional circumstances justifying security for judgment.

The respondent was ordered to post $143,886.87 in security and pay ongoing monthly rent, failing which the appeal would be dismissed.

The applicant, Melissa Hart, sought an extension of time to appeal a vexatious litigant order issued against her.

The court dismissed the motion, finding that she did not form a bona fide intention to appeal the vexatious litigant order within the relevant period, there was no merit to the proposed appeal, and the interests of justice did not warrant allowing her to further challenge the dismissal of her support claim through this avenue.