Delaram M. Jafari

The appellant tenants appealed a Landlord and Tenant Board order terminating their tenancy for committing an illegal act, seriously impairing safety, and substantially interfering with reasonable enjoyment.

The Board found the tenant threatened a property manager with a machete, acted aggressively, and failed to pay utilities.

On appeal, the tenants argued the eviction provision for illegal acts without a criminal conviction was unconstitutional, but the Divisional Court dismissed this as it was not raised below and no constitutional notice was served.

The Court found no errors of law in the Board's evidentiary findings or its refusal to grant relief from eviction, and dismissed the appeal.

The landlord brought a motion to quash the tenants' appeal of a Landlord and Tenant Board eviction order, arguing the appeal lacked merit and the tenants failed to pay rent.

The court found it would be unfair to proceed with the motion to quash given the short timeframe and the tenants' need to obtain transcripts.

The court adjourned the motion to quash to be heard with the expedited appeal, subject to strict conditions requiring the tenants to pay ongoing and arrears rent, order transcripts, and perfect the appeal.

The tenant appealed an order of the Landlord and Tenant Board terminating her tenancy and ordering her eviction based on serious impairment of the landlord's safety.

The landlord brought a motion to quash the appeal as an abuse of process and manifestly devoid of merit, noting the tenant had accumulated over $10,000 in rent arrears and failed to attend the LTB hearing.

The tenant brought a cross-motion for contempt, alleging the landlord changed the locks in violation of the statutory stay.

The Divisional Court granted the motion to quash, finding the appeal was an abuse of process designed to allow the tenant to live rent-free, and raised no extricable question of law regarding the LTB's refusal to grant an adjournment.

The contempt motion was dismissed.