Howard Stern

The tenants appealed and sought judicial review of a Landlord and Tenant Board decision that terminated their tenancy for non-payment of rent and awarded partial rent abatements for maintenance issues.

The tenants argued the Board erred in its interpretation of the Residential Tenancies Act, failed to find serious breaches by the landlords that would preclude eviction, and exhibited bias.

The Divisional Court dismissed the appeal and application, finding the Board's conclusions were reasonable, the tenants were not entitled to self-abate rent, and the minor errors alleged did not warrant interference.

The tenants appealed an eviction order from the Landlord and Tenant Board.

The tenants had vacated the unit over two years prior and had not paid rent since December 2020, accumulating over $25,000 in arrears.

The tenants argued they were entitled to a rent abatement for non-repairs.

The court ordered that the statutory stay of the eviction order would be lifted unless the tenants paid the full arrears and ongoing monthly rent, noting that tenants cannot unilaterally withhold rent.

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.