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.
