The landlord moved to quash the tenant's appeal of a Landlord and Tenant Board eviction order, or alternatively to lift the automatic stay of eviction or order security for costs.
The tenant had persistently failed to pay rent, accumulating approximately $25,000 in arrears, and failed to comply with a prior case management order to pay rent into trust.
The court declined to quash the appeal, finding it raised arguable procedural fairness issues.
However, the court found the tenant's ongoing occupation without paying rent constituted an abuse of process.
The court ordered the stay of eviction lifted unless the tenant paid $15,000 into trust within 30 days.
