The landlord moved to quash the tenant's appeal from a Landlord and Tenant Board eviction order and to lift the stay of eviction.
The Board had ordered eviction based on the landlord requiring the unit for residential occupation.
The tenant appealed, raising issues regarding maintenance, human rights complaints, and relief from eviction.
The Divisional Court found that the tenant's grounds of appeal involved questions of mixed fact and law or discretionary decisions, not questions of law as required by s. 210(1) of the Residential Tenancies Act.
The motion was granted, the appeal was quashed as manifestly devoid of merit, and the stay of eviction was lifted.
