The landlord brought a motion to quash the tenants' appeal of a Landlord and Tenant Board eviction order and to lift the automatic stay.
The tenants had ceased paying rent and vacated the property, but refused to return the keys.
The Board ordered eviction and payment of arrears.
The tenants appealed, alleging denial of procedural fairness and errors in applying the Residential Tenancies Act.
The Divisional Court found the appeal raised no questions of law, was manifestly devoid of merit, and constituted an abuse of process intended solely for delay.
The motion was granted, the appeal quashed, and the stay lifted.