The landlord brought a motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order.
The eviction was originally granted based on the landlord requiring the unit for his son's use.
The Divisional Court found the appeal was manifestly devoid of merit as it raised no questions of law, only challenging discretionary and factual findings regarding an adjournment request and section 83 relief.
The court also found the appeal was an abuse of process, launched solely to obtain an automatic stay while the tenant persistently failed to pay rent.
The appeal was quashed and the stay vacated.
