The appellant brought a motion asking the Divisional Court to reconsider its previous judgment dismissing his appeal from the Landlord and Tenant Board.
The respondent requested the motion be dismissed under Rule 2.1 of the Rules of Civil Procedure.
The court noted that the Court of Appeal had recently dismissed the appellant's motion for leave to appeal the very decision he sought to have reconsidered.
Consequently, the Divisional Court found it was functus officio and dismissed the motion for reconsideration as fundamentally flawed and an abuse of process.
