The landlord brought a motion to lift the automatic stay of an eviction order pending the tenant's appeal.
The tenant had fallen into arrears after a social housing agency discontinued paying its portion of the rent, a decision the tenant was challenging via judicial review.
The court dismissed the motion, finding that the accumulation of rental arrears did not constitute demonstrable and unusual hardship for the landlord.
Furthermore, lifting the stay would likely render the tenant homeless and remove his incentive to pursue the judicial review, which could ultimately result in the arrears being paid.
