The moving party tenants sought an urgent stay of a Landlord and Tenant Board eviction order pending a motion to review a Divisional Court judge's refusal to extend the time to appeal.
The tenants argued they could not afford a 100% rent increase and required accommodation for disability.
The court applied the RJR Macdonald test and found that while the tenants would suffer irreparable harm, there was no serious issue to be tried because the rental unit was exempt from rent control under s. 6.1(2) of the Residential Tenancies Act.
The balance of convenience favoured the landlord due to accumulating rent arrears.
The motion for a stay was dismissed.
