The Advocacy Centre for Tenants Ontario (ACTO) and two residential tenants moved for an urgent stay of an order by Chief Justice Morawetz, which had varied a previous order to end a moratorium on residential evictions in Ontario.
The applicants sought to reinstate the moratorium, arguing that lifting it was premature due to ongoing COVID-19 risks, especially for vulnerable tenants.
The court dismissed the motion for a stay, finding that the applicants failed to establish a serious issue to be tried, as the Chief Justice's original order was an exercise of inherent jurisdiction to control court processes, not a policy decision on the pandemic.
The court emphasized that the issues raised by tenants were policy matters for the government, not legal issues for the court.