The appellant, Jennifer Ricketts, sought a stay of eviction orders issued by the Landlord and Tenant Board and confirmed by the Divisional Court, pending her motion for leave to appeal.
The Court of Appeal, per Lauwers J.A., granted the stay, finding a serious issue to be adjudicated, potential irreparable harm to Ms. Ricketts, and that the balance of convenience favoured her.
The decision discusses the test for a stay and the issue of ineffective assistance of counsel in administrative proceedings.