David S. Strachin

The tenant appealed a Landlord and Tenant Board eviction order but failed to comply with a procedural order requiring her to perfect the appeal and pay rent arrears.

Consequently, her appeal was dismissed, the stay of eviction was lifted, and she was evicted.

She subsequently brought a motion for a full panel review of the procedural order.

The Divisional Court, on its own initiative, dismissed the motion as frivolous and vexatious under Rule 2.1.02, finding that the procedural order was spent and any review was moot.

The court also prohibited the tenant from bringing further motions without leave.

The tenant's tenancy was terminated by the Landlord and Tenant Board for non-payment of rent.

Her appeal to the Divisional Court was dismissed by the registrar after she failed to comply with an order requiring her to perfect the appeal and pay outstanding rent.

Following the lifting of the COVID-19 eviction moratorium, the landlord enforced the eviction order.

The tenant subsequently moved for a review of the order that set the conditions for her appeal.

The court found the motion appeared moot and directed the registrar to issue a notice under Rule 2.1, giving the tenant an opportunity to explain why her motion should not be dismissed as frivolous and vexatious.