The landlord brought a motion to lift the statutory stay of a Landlord and Tenant Board eviction order pending the tenant's appeal.
The tenant had not paid rent for 16 months, accumulating over $30,000 in arrears, and failed to comply with a court direction to pay ongoing rent.
The court found that it would be an abuse of process to allow the tenant to continue living in the unit rent-free pending the appeal.
The motion was granted and the stay was lifted.