Warren Fullerton

The moving party sought leave to appeal a decision granting a Writ of Possession and a stay of the Writ pending appeal.

The Divisional Court granted leave to appeal on the issue of whether the Superior Court had jurisdiction to grant the Writ rather than deferring to the Landlord and Tenant Board.

The court also granted a stay of the Writ pending appeal, on the condition that the moving party pay $2,000 per month as an occupancy payment and permit access to prospective purchasers.

The applicant father brought an urgent motion for parenting time after the parties separated and the respondent mother allegedly denied him access to their six-year-old child.

The court considered whether the matter met the definition of urgency under the Chief Justice's Notice to the Profession regarding the COVID-19 pandemic court suspension.

The triage judge concluded the matter met the definition of urgency because it involved an allegation of wrongful retention of a child, and ordered the motion to proceed on the limited issue of access.