The appellant tenants appealed a Landlord and Tenant Board (LTB) order terminating their 24-year tenancy and evicting them so the landlord husband could occupy the unit following a marriage breakdown.
The respondent landlords brought a motion to quash the appeal.
The Divisional Court granted the motion, finding the appeal was manifestly devoid of merit because it raised questions of fact and mixed fact and law, rather than questions of law alone as required by s. 210(1) of the Residential Tenancies Act.
The court quashed the appeal but exercised its discretion to delay the eviction date to allow the tenants time to find new accommodations.
