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.
