The tenant appealed an eviction order from the Landlord and Tenant Board for non-payment of rent.
The landlord brought a motion to quash the appeal and lift the automatic stay.
The Divisional Court found the appeal was manifestly devoid of merit and an abuse of process, as the tenant had paid no rent, provided no evidence, and abandoned the LTB hearing.
The appeal was quashed, the stay lifted, and the landlord was awarded substantial indemnity costs.
