The respondent landlord brought a motion to lift the automatic stay of an LTB eviction order and to quash the tenants' appeal.
The LTB had ordered eviction and $50,000 in damages due to rent arrears and severe property damage caused by the tenants keeping 76 to 150 cats in the unit.
The Divisional Court found the notice of appeal was devoid of merit, raised no valid question of law, and constituted an abuse of process designed solely to delay eviction while the tenants lived rent-free.
The appeal was quashed and the stay lifted, with the eviction to be enforced within 30 days.
