The landlord brought a motion to quash the tenants' appeal of a Landlord and Tenant Board (LTB) eviction order, or alternatively to lift the automatic stay of eviction.
The tenants had withheld rent due to the landlord's failure to repair a persistent water leak, and the LTB had ordered eviction based on the tenants allegedly denying the landlord entry.
The Divisional Court dismissed the motion to quash, finding that the tenants' appeal raised valid questions of law, including whether the LTB denied them a fair hearing by refusing to admit evidence regarding the landlord's failure to repair and whether the LTB properly considered all circumstances under section 83 of the Residential Tenancies Act.
The court ordered the stay of eviction to continue, provided the tenants pay rent arrears by a specified date.
