The landlord brought a motion to require the tenants to pay rent arrears and ongoing rent as a condition of maintaining the statutory stay of an eviction order pending their appeal to the Divisional Court.
The landlord also sought security for costs.
The court found that the tenants' failure to pay rent while enjoying the protection of the statutory stay amounted to an abuse of process.
The court ordered the tenants to pay the outstanding arrears and ongoing rent to maintain the stay, but dismissed the request for security for costs to avoid unfairly burdening the tenants.
