Canada Case Law

Percival v. Ti Developments Ltd.

Court

British Columbia Court of Appeal

Application for a stay was dismissed because the appeal and underlying judicial review were of little merit, there was insufficient evidence of irreparable harm, and the balance of convenience favoured the respondents given the appellants' delay and repeated procedural abuses; deference to Justice Hewson's discretionary case management decision warranted upholding the cancellation of the stay.

Source excerpt

• Judicial review
• Stay of proceedings
• Eviction
• Res judicata
• Procedural fairness
• Balance of convenience

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Singh v. Director of the Residential Tenancy Branch

Court

Supreme Court of British Columbia

The RTB's findings that the rent increase complied with the RTA and tenancy agreement, that the tenant was not entitled to unilaterally withhold rent, and that disputed claims (parking, storage, HVAC, quiet enjoyment, retroactive rent reduction) were not substantiated by evidence supporting entitlements under s.28 or s.65 RTA were reasonable and open to the arbitrator; accordingly the petition for judicial review is dismissed and the landlord is entitled to vacant possession subject to a two‑week stay.

Source excerpt

• Eviction
• Rent increase
• Quiet enjoyment
• Procedural fairness
• Retroactive rent adjustment
• Compensation

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Kakoutis v. Bank of Nova Scotia

Court

Court of Appeal for Ontario

The Court of Appeal refused a stay of eviction pending an attempted Supreme Court of Canada leave application and dismissed the bank’s cross-motion to bar further motions.

• Stay of proceedings
• Eviction/writ of possession
• Abuse of process
• Frivolous and vexatious motions
• Leave to appeal
• Costs

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Park v. Manulife Bank of Canada

Court

Court of Appeal for Ontario

On a motion pending appeal, the Court of Appeal for Ontario dismissed Tennyson Park’s request for a stay of vacant-possession orders in favour of Manulife Bank of Canada.

• Eviction
• Default judgment
• Abuse of process
• Summary judgment
• Stay pending appeal
• Vacant possession

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Ladhar v. Alexander

Court

Supreme Court of British Columbia

Judicial review of RTB decisions was dismissed. The Court found the arbitrator’s reasons were adequate, the findings were supported by evidence, and no procedural unfairness was shown.

• Eviction
• Standard of review - patent unreasonableness
• Procedural fairness
• Evidence admissibility and weight
• Utilities payment dispute
• Judicial review scope

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MCC Mortgage Holdings Inc. v. Rutaihwa

Court

Court of Appeal for Ontario

The Court of Appeal for Ontario denied a motion to extend time to appeal and a stay in a mortgage enforcement matter, awarding costs to MCC Mortgage Holdings Inc.

• Extension of time to appeal
• Stay pending appeal
• Summary judgment
• Irreparable harm
• Mortgage default
• Electronic signature

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Komer v. BCIMC Realty Corporation

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a stay application in a rent-arrears eviction matter, finding no arguable appeal, only limited evidence of harm, and balance of convenience favoring the landlord.

• Stay of proceedings
• Judicial review
• Duty to accommodate
• Adjournment
• Eviction
• Standard of review

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Zadeh v. Yao

Court

Supreme Court of British Columbia

Judicial review of an RTB possession order succeeded because material facts about a rent-suspension agreement and service were withheld, making the review decision unreasonable.

• Eviction
• Service of notice
• Deemed service
• Arrears of rent
• Procedural fairness
• Judicial review

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McLean v. Connell

Court

Court of Appeal for Ontario

The appeal was dismissed as an abuse of process because the November 28, 2024 order only implemented the earlier substantive December 14, 2023 order that had already been the subject of prior appeals dismissed for delay; the eviction/power of sale appeal is moot after the matrimonial home's sale; the costs award was within the trial judge's discretion and disclosed no reviewable error, including entitlement to substantial indemnity costs given the appellant's post-trial conduct.

Source excerpt

• Equalization
• Matrimonial home sale
• Eviction
• Power of sale
• Costs

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Ricketts v. Veerisingnam

Court

Court of Appeal for Ontario

The motions judge granted a stay because there is a serious issue to be adjudicated (demonstrated by the Divisional Court split), the appellant would suffer irreparable harm if evicted, and the balance of convenience favors maintaining the status quo; therefore the eviction and related orders are stayed pending determination of the motion for leave to appeal and, if leave is granted, pending the appeal.

Source excerpt

• Eviction
• Ineffective assistance of counsel
• Stay pending appeal
• Judicial review
• Leave to appeal

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