C. Sakuraba

The landlord brought a motion without notice to lift the stay of a Landlord and Tenant Board eviction order, arguing the tenant failed to comply with a case management direction to pay ongoing rent and arrears.

The tenant had made partial payments but remained in significant arrears.

The court declined to lift the stay immediately, noting the tenant had not received notice of the motion, and instead issued an order giving the tenant a final opportunity to bring his payments into good standing before the landlord could move again on notice.

The appellant appealed Landlord and Tenant Board orders finding he was not a member of the respondent housing co-operative and ordering his eviction.

The appellant had previously resigned his membership and his ex-spouse, the remaining member, had abandoned the unit.

The Divisional Court allowed the appeal solely on the basis that the Board lacked jurisdiction under the Residential Tenancies Act to evict an unauthorized occupant (non-member) from a co-op, a point conceded by the respondent.

The appellant's other grounds of appeal, including claims regarding notice, membership status, and standing to challenge his ex-spouse's eviction, were dismissed.