The landlord moved to quash the tenant's appeal of a Landlord and Tenant Board eviction order on the basis that it was manifestly devoid of merit.
The tenant argued the eviction order was an improper collateral attack on a recognizance issued after related criminal charges were withdrawn, and alleged improper ex parte communications by the landlord.
The Divisional Court found both grounds of appeal manifestly devoid of merit, noting that the withdrawal of criminal charges does not preclude eviction based on the same underlying acts due to differing standards of proof.
The motion to quash was granted, the appeal was dismissed, and costs were awarded to the landlord.
