Alexander H. Etkin

The landlord brought a motion to lift the stay of a Landlord and Tenant Board eviction order pending the tenant's appeal.

The tenant had failed to comply with a previous court order requiring him to make payments toward substantial rental arrears and ongoing monthly rent.

The tenant did not attend the motion hearing and informed the court via email that he had relocated overseas and was abandoning the appeal.

The court granted the unopposed motion, lifted the stay, dismissed the appeal as abandoned, and awarded costs to the landlord.

The tenant appealed orders of the Landlord and Tenant Board, resulting in an automatic stay of eviction.

The court directed the tenant to pay ongoing rent and a portion of arrears as a condition of continuing the appeal.

The tenant failed to make any payments and failed to perfect the appeal.

The landlords brought a motion to quash the appeal.

The court found the tenant's failure to pay rent or move forward with the appeal constituted an abuse of process, quashed the appeal, and lifted the stay.