The moving party, an elderly tenant with health challenges, brought an emergency motion to stay an eviction order obtained by the respondent housing corporation for rent arrears.
Despite being served with notice of the motion, the respondent and the sheriff executed the eviction.
The court retroactively stayed the eviction after finding the tenant had paid the outstanding amount under the Landlord and Tenant Board order.
The court maintained the stay for 45 days to allow the tenant to address ongoing rent arrears, which were disputed due to being calculated on a double-occupancy basis despite the tenant living alone.
