The moving party, a tenant, brought a motion to stay an eviction and a costs award pending his motion for leave to appeal to the Court of Appeal.
The tenant had previously consented to an order terminating the tenancy and requiring him to move out.
The Divisional Court had denied leave to appeal the Landlord and Tenant Board's decision.
The Court of Appeal dismissed the stay motion, finding that the tenant failed to establish a serious issue to be tried regarding whether the Divisional Court mistakenly declined jurisdiction, and that the balance of convenience favoured the landlords given the significant rent arrears and the tenant's prior agreement to vacate.
