The plaintiff, Avi Berger, moved to stay a Landlord and Tenant Board (LTB) application pending the outcome of his Superior Court action, in which he claims a beneficial ownership interest in the property at issue.
The defendant Sammie Millis, the current owner, opposed the motion.
The court dismissed the motion, finding that the LTB has sole jurisdiction over tenancy and eviction matters, and that the Superior Court action regarding beneficial ownership can proceed independently.
The court found no special circumstances to warrant a stay and held that granting one would be unjust to the landlord.