The respondent landlord brought a motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order and to lift the statutory stay of eviction.
The tenant had not paid rent for over 15 months, accumulating $49,000 in arrears, and failed to attend the motion hearing.
The court found the appeal was frivolous, raised no question of law, and that the balance of convenience strongly favoured the landlord.
The court lifted the stay, quashed the appeal, and ordered the tenant to pay $49,000 in arrears plus $5,500 in costs.