Kerry Gearin

The landlord brought a motion to extend the time for enforcement of an eviction order previously upheld by the Divisional Court.

The tenant had sought leave to appeal to the Court of Appeal and the Supreme Court of Canada, which the court characterized as frivolous and vexatious efforts to avoid enforcement.

The court rejected the tenant's allegations of bad faith against the landlord and granted the motion, ordering the tenancy terminated forthwith and a writ of possession to issue, enforceable on or after May 1, 2008.

The applicants, foster parents, sought $30,000 in costs against the respondent Children's Aid Society following an emergency judicial review where the court ordered the children to remain in the applicants' care.

The court noted that while Children's Aid Societies do not have immunity from costs, costs should be dealt with justly.

Although the court disagreed with the Society's actions in attempting to remove the children right before Christmas, it found no bad faith or unreasonable conduct, as the Society was acting to protect a child.

The request for costs was dismissed.