The appellant tenant sought to schedule his appeal of a Landlord and Tenant Board eviction order based on rent arrears.
The respondent landlord sought to dismiss the appeal for delay and argued the appeal was frivolous.
The court found the delay was largely due to administrative issues at the Board and the Court.
However, to prevent abuse of process and maintain the stay of eviction pending the appeal, the court ordered the appellant to pay $5,000 in ongoing monthly rent, plus an additional $5,000 per month towards arrears accrued during the delay.