Divisional Court Summarily Dismisses Tenant’s Eviction Order Appeal as an Abuse of Process. The Divisional Court granted the Landlord’s motion to summarily dismiss the appeal because the court was satisfied that the Tenant’s appeal from the eviction order rendered by the Landlord & Tenant Board was for no legitimate purpose other than to delay the tenant’s inevitable eviction from the premises. As stated by the court,
“This Court has repeatedly held that it is an abuse of process for a litigant to commence an appeal from an order of the Board for the purpose of obtaining an automatic stay of an eviction order, otherwise referred to as “gaming the system”: Regan v Latimer, 2016 ONSC 4132 (Div. Ct.), at para. 25; and Wilkinson v. Seritsky, 2020 ONSC 5048 (Div. Ct.) at para. 34. One of the key indicia that a tenant is trying to “game the system” is where the Tenant has failed to pay rent for a persistent and lengthy period of time without a reasonable explanation or any intention to remedy the situation: Wilkinson, at para. 34 ….. (G)iven the long history of non-payment of rent and the lack of real effort to remedy the situation, this appeal is an abuse of process and should be dismissed on that basis alone.”
Mubarak v. Toronto Community Housing Corporation, 2022 ONSC 382
https://www.canlii.org/en/on/onscdc/doc/2022/2022onsc382/2022onsc382.html