The respondent landlords brought a motion to quash the tenant's appeal of a Landlord and Tenant Board eviction order, or alternatively to lift the automatic stay of the eviction.
The tenant was $8,800 in rent arrears and claimed an equitable interest in the property, having registered a Certificate of Pending Litigation in a separate action.
The court found the motion to quash premature but ordered the stay lifted unless the tenant paid all rent arrears and ongoing monthly rent pending the appeal.
