The landlord brought a motion to quash the tenants' appeal of a Landlord and Tenant Board eviction order and to lift the automatic stay.
The tenants had persistently failed to pay rent and their notice of appeal did not state any grounds of appeal.
The Divisional Court granted the motion, finding that the appeal was manifestly devoid of merit as it raised no questions of law, and constituted an abuse of process designed solely to delay eviction.