The landlords brought a motion to lift the automatic stay of execution of a Landlord and Tenant Board eviction order pending the tenant's appeal.
The court had previously directed the tenant to pay ongoing rent and make monthly payments towards rental arrears as a condition of maintaining the stay.
The tenant failed to make any payments towards the arrears, arguing that conflicting orders prevented them from doing so.
The court rejected this argument, finding no contradiction, and held that it would be an abuse of process to allow the tenant to continue living in the unit without paying the outstanding rent.
The motion was granted and the stay of eviction was lifted.
