Mark W. Melchers

The appellant tenant appealed a Landlord and Tenant Board decision refusing to review an earlier eviction order.

The tenant had already been evicted and the unit re-rented to a new tenant.

The Divisional Court dismissed the appeal as moot, finding that even if successful, the Board had no jurisdiction to restore possession of the unit or force the landlord to provide a comparable unit, meaning a successful appeal would have no practical effect.

The landlord brought a motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order for rent arrears.

The court found the tenant's grounds of appeal were devoid of merit as they did not raise questions of law.

However, noting the tenant's long-term tenancy and recent financial recovery, the court exercised its discretion to not immediately quash the appeal, instead imposing strict conditions requiring the payment of arrears in installments and ongoing rent.

If the conditions are met, the eviction orders will be set aside; if breached, the appeal will be dismissed and eviction will proceed.