The tenants brought an urgent motion for a stay of a Divisional Court order pending determination of their motion for leave to appeal and, if leave were granted, their appeal.
They also requested a transfer of their motions to the Divisional Court.
The Court of Appeal dismissed the stay motion, concluding that the proper appeal route was to a panel of the Divisional Court under s. 21(5) of the Courts of Justice Act, meaning there was no serious question to be determined by the Court of Appeal.
The court also declined to transfer the motions to the Divisional Court under s. 110 of the Courts of Justice Act, despite acknowledging an arguable question of law regarding the termination notice, due to the significant prejudice suffered by the landlord from the tenants' failure to vacate and pay rent, which had already jeopardized one sale and threatened another.
