The landlord brought a motion to quash the tenant's appeal of a Landlord and Tenant Board order terminating the tenancy for the landlord's own use.
The tenant had failed to order the hearing transcript within the required time under the Rules of Civil Procedure and had taken no steps to pursue the appeal.
The Divisional Court found that the grounds of appeal lacked merit, raised no extricable questions of law, and that the appeal was merely a delaying tactic.
The motion to quash was granted and the stay of eviction was vacated.
