Kathryn G. Sutherland

The landlord brought a motion for a contempt order, vacant possession, and arrears of rent against the tenant.

The court previously granted vacant possession and arrears but dismissed the contempt request.

In this costs decision, the court noted divided success but awarded costs to the landlord, fixing them at $2,000 inclusive of fees, disbursements, and taxes.

The landlord brought a motion for a contempt order against the tenant for failing to vacate the residential premises as ordered by the Divisional Court after the tenant's appeal of a Landlord and Tenant Board eviction order was quashed.

The tenant argued he was not in contempt because he was exercising his right under s. 74(11) of the Residential Tenancies Act to void the eviction by paying arrears, and that the Superior Court lacked jurisdiction to order eviction.

The court held that it had jurisdiction under s. 210(5) of the Act and Rule 60.05 to order the tenant to vacate when disposing of an appeal.

However, the court declined to find the tenant in contempt, as he had acted on legal advice regarding the jurisdictional issue.

The contempt motion was adjourned.