The landlord brought a motion to dismiss the tenant's appeal of a Landlord and Tenant Board decision which found the leased premises were commercial and exempt from the Residential Tenancies Act.
The tenant requested an adjournment due to newly retained counsel's scheduling conflict and a planned vacation.
The court granted the adjournment but imposed strict terms due to the tenant's history of delay and failure to pay rent, ordering the release of $40,000 held in trust to the landlord, payment of remaining arrears, ongoing rent, and $5,000 in costs.
