The landlord brought a motion to quash the tenants' appeal of a Landlord and Tenant Board eviction order.
The tenants had not paid rent for over a year, accumulating over $50,000 in arrears, and had placed a stop payment on a cheque provided to the Board.
The tenants failed to perfect the appeal or raise any valid question of law.
The Divisional Court found the appeal was manifestly devoid of merit and an abuse of process intended solely to delay eviction.
The motion was granted, the appeal was quashed, and the automatic stay was vacated.