The landlord brought an urgent motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order, or alternatively to lift the automatic stay.
The tenant argued he was a purchaser in interim occupancy, not a tenant, challenging the Board's jurisdiction.
The court declined to quash the appeal, finding an arguable question of law.
Balancing the hardship to the landlord's pending third-party sale against the tenant's loss of his home, the court granted the tenant a brief final opportunity to secure financing to purchase the property, failing which the stay would be lifted.
