Carol Shirtliff

The appellant landlord sought a stay of an order permitting the respondent commercial tenant to return to the leased premises pending appeal.

The landlord argued that the tenant's return would cause irreparable harm, citing alleged threats and the severe anxiety and depression of his teenage daughter.

The Divisional Court applied the RJR-MacDonald test and found that while there was a serious issue to be tried, the landlord failed to establish irreparable harm due to a lack of direct medical evidence linking the daughter's condition to the tenant's return.

The balance of convenience favored the tenant, who had been locked out for months and faced business ruin.

The motion for a stay was dismissed.

The appellant landlord sought a stay of an order permitting the respondent tenant to return to the commercial premises pending appeal.

The landlord alleged irreparable harm, claiming the tenant's return caused his teenage daughter severe depression, anxiety, and suicidal ideation.

The court found the landlord's affidavit deficient as it relied on hearsay without direct medical evidence linking the daughter's condition to the tenant's return.

Given the potential risk to the daughter's health, the court adjourned the motion and ordered the landlord to file a report from a health professional before determining the issue of irreparable harm.