The landlord brought a motion to lift a Certificate of Stay and dismiss the tenant's application for judicial review of a Landlord and Tenant Board eviction order.
The tenant had sought judicial review instead of appealing the Board's decision.
The Divisional Court lifted the stay, finding it was improperly issued by the Registrar, and quashed the judicial review application because the tenant failed to exhaust his statutory appeal rights under the Residential Tenancies Act and the application lacked merit.
