The tenants were evicted from their rent-geared-to-income apartment for persistent late payment of rent.
After the eviction was carried out and the apartment was leased to a new tenant, the tenants appealed the Landlord and Tenant Board's order and brought an urgent motion for a mandatory interlocutory injunction to reinstate their tenancy or provide an alternative unit pending the appeal.
The Divisional Court held it had jurisdiction under s. 134(2) of the Courts of Justice Act to grant such relief, but applied the strict test for a mandatory injunction.
The motion was dismissed because the tenants failed to establish a strong prima facie case on appeal, irreparable harm, or that the balance of convenience favoured displacing the new tenant or forcing the landlord to provide another unit.
