The landlords brought a motion to dismiss or quash the tenant's appeal of a Landlord and Tenant Board consent order that terminated his tenancy.
The tenant had remained in the rental unit without paying rent and failed to perfect his appeal or order transcripts.
The Divisional Court found that the tenant had engaged in a pattern of delay, made misrepresentations to the court, and filed the appeal solely to obtain an automatic stay of eviction.
The appeal was dismissed for delay, failure to obtain leave, and as an abuse of process.
The landlords were granted immediate vacant possession and awarded substantial indemnity costs.
