The landlord brought a motion to dismiss the tenant's appeal of a Landlord and Tenant Board order terminating the tenancy for non-payment of rent.
The tenant had not paid any rent since moving in and failed to comply with a Board consent order requiring payment of rent into the Board.
The Divisional Court found the appeal was completely devoid of merit, raised no genuine questions of law, and constituted an abuse of process designed solely to prolong a rent-free existence.
The motion was granted, the appeal was dismissed, the stay was vacated, and the landlord was awarded substantial indemnity costs.
