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Motion to quash eviction appeal dismissed; tenant granted interim possession pending appeal due to disputed consent.
The landlord brought a motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order, arguing the order was made on consent and required leave to appeal.
The tenant brought a cross-motion for interim possession of her unit pending the appeal, arguing her consent was vitiated by mental health issues and lack of accommodation.
The Divisional Court dismissed the motion to quash, finding the validity of the consent was a serious issue to be determined by the panel hearing the appeal.
Applying the RJR-MacDonald test, the court granted the tenant's motion for interim possession subject to conditions, noting she would suffer irreparable harm if the unit was re-rented and her appeal rendered moot.
Motion to exclude defendants from each other's examinations for discovery granted to prevent collusion.
The plaintiffs brought a motion to exclude the defendants from each other's examinations for discovery and to prevent the sharing of discovery transcripts and information among them.
The underlying action alleged fraudulent transfers of funds and land to thwart the collection of previous judgments.
Applying the Lazar principles, the court found sufficient evidence of deceit and improper conduct to justify the orders to prevent collusion and ensure the integrity of the discovery process.
The motion was granted, and the plaintiffs were awarded partial indemnity costs.
