SpencerToole

The moving party sought a panel review of a motion judge's decision denying a stay of a Divisional Court order that removed a stay of an eviction order.

The moving party had already been evicted.

The Court of Appeal dismissed the motion, finding no error in principle or unreasonable result by the motion judge, and noting that the motion for a stay was moot.

The defendant insurer moved for summary judgment to dismiss the plaintiff law firm's claim for business interruption coverage.

The law firm was forced to close indefinitely after organized criminals in the tow truck industry targeted its office with arson and gunfire, causing its insurance clients to withdraw all their files out of fear of further attacks.

The insurer argued that the policy only covered business interruption during the time required to physically repair the building.

The court dismissed the insurer's motion and granted a declaration of coverage in favour of the law firm, finding that the extended closure was 'as a result of' the direct physical loss or damage from the insured peril of criminal acts.

The tenant appealed a Landlord and Tenant Board eviction order for rent arrears.

A case management judge ordered the tenant to pay ongoing rent and a portion of the arrears to maintain the statutory stay of eviction pending the appeal.

The tenant failed to pay and brought a motion to review the interim payment order under s. 21(5) of the Courts of Justice Act, along with a motion to stay the interim order pending the review.

The Divisional Court dismissed the stay motion, finding no serious issue to be heard and that the balance of convenience heavily favoured the landlord due to the tenant's long-term failure to pay rent.

The Court lifted the stay of the eviction order and directed immediate enforcement, emphasizing that the appeal process cannot be used to obtain rent-free living.

The moving party sought leave to appeal a decision of the Landlord and Tenant Board.

The Divisional Court dismissed the motion for leave to appeal and awarded costs to the responding parties fixed at $3,142.00.