The landlord moved to quash the tenant's appeal of a Landlord and Tenant Board (LTB) eviction order.
The LTB order was made on consent, requiring the tenant to vacate the premises and pay rental arrears.
The tenant appealed, arguing procedural fairness issues regarding notice to other alleged tenants, and obtained an automatic stay of eviction.
The Divisional Court quashed the appeal, finding it was an abuse of process designed to delay eviction while rent remained unpaid.
The court also noted the tenant failed to seek the required leave to appeal a consent order under section 133 of the Courts of Justice Act.