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RTA - Appeals - Stay. 146 Osgoode Street Holdings v. Unknown
In 146 Osgoode Street Holdings v. Unknown (Div Court, 2023) the Divisional Court considered a motion to stay an eviction order (after a dismissed RTA 210 appeal, where the automatic stay was lifted) under the typical RJR MacDonald stay/interlocutory-injunction test. On the issue of irreparable harm' the court suggested that, on the proper evidence, eviction could constitute such irreparable harm:[27] On the materials before me, I am unable to make a finding that the tenant will suffer irreparable harm if a stay is not granted. The fact that a tenant is required to move does not, in every case, constitute irreparable harm. In this case, I have no information as to the tenant’s efforts to secure alternate accommodation. Indeed, it would appear that the tenant has made no such efforts because her position is that she has a “right” to remain in her unit, notwithstanding her non-payment of rent. The tenant also maintains she cannot secure alternate accommodation because she is a woman fleeing abuse. The LTB Member took into account the tenant’s vulnerable situation in delaying the eviction. The motion judge, too, ordered that the stay of the eviction order be lifted on February 28, 2023, one month after the release of his reasons for decision. I note that the tenant filed her motion for a stay with the court, without first serving it on the landlord, on the last possible day – February 27, 2023.
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