The landlord brought a motion to dismiss the tenants' application for judicial review under Rule 2.1.01 of the Rules of Civil Procedure.
The tenants had a history of failing to pay rent, breaching a consent order, and commencing multiple proceedings to delay eviction without appearing at hearings.
The court found the application was frivolous, vexatious, and an abuse of process, as the Divisional Court lacks jurisdiction to judicially review an order of a Superior Court Judge or the Landlord and Tenant Board.
The application was dismissed, and no costs were ordered.