21 total
Motion for stay of eviction dismissed due to lack of jurisdiction and failure to meet the test.
The appellant tenant sought a stay of an eviction order pending an appeal.
A previous stay had been lifted by another judge due to the tenant's failure to pay rent on time, resulting in over $30,000 in arrears.
The Divisional Court dismissed the request for a stay, finding no jurisdiction to deal with the matter as there had been no material change in circumstances since the previous order.
In the alternative, the court held that a stay was not warranted on the merits, as the tenant failed to meet the test for a stay and the balance of convenience favoured the landlord.