The tenant appealed a consent eviction order from the Landlord and Tenant Board on the last day before enforcement, triggering an automatic stay.
The landlord brought a motion to quash the appeal, arguing it was devoid of merit and an abuse of process.
The Divisional Court found the tenant was 'gaming the system' to avoid paying rent, quashed the appeal, lifted the stay, and awarded substantial indemnity costs to the landlord.
