Kristin A. Ley

The Court of Appeal for Ontario dismissed David Tweneboa-Kodua’s motion for leave to appeal an order lifting a stay of eviction, finding the court lacked jurisdiction.

The proper avenue to challenge the Divisional Court’s order was a motion before a panel of that court, not an appeal to the Court of Appeal.

The court found the motion frivolous and an abuse of process, and made no order as to costs.

The Court of Appeal for Ontario dismissed motions by tenants Michael Schram and Leslie Mitchell for an extension of time to file a notice of motion for leave to appeal and a notice of appeal regarding the termination of their tenancy and the dismissal of their action.

The court found that the proposed appeals lacked merit and that the justice of the case did not warrant an extension.

The court also dismissed the request for a stay of eviction and awarded costs to the responding parties.

The Advocacy Centre for Tenants Ontario (ACTO) and two residential tenants moved for an urgent stay of an order by Chief Justice Morawetz, which had varied a previous order to end a moratorium on residential evictions in Ontario.

The applicants sought to reinstate the moratorium, arguing that lifting it was premature due to ongoing COVID-19 risks, especially for vulnerable tenants.

The court dismissed the motion for a stay, finding that the applicants failed to establish a serious issue to be tried, as the Chief Justice's original order was an exercise of inherent jurisdiction to control court processes, not a policy decision on the pandemic.

The court emphasized that the issues raised by tenants were policy matters for the government, not legal issues for the court.