Relief Sought by Tenants, Marta Kirpichova and Emad Elguindy:

• A stay of an eviction order issued by the Landlord and Tenant Board in 2022 for unpaid rent.
• Relief pending leave to appeal a Divisional Court decision upholding the eviction and directing payment of funds held in trust to the landlord, Galaxy Real Estate Core Ontario LP.

Background:

• Tenants stopped paying rent in November 2020, accumulating arrears of ~$54,000.
• Multiple proceedings at the Board, Divisional Court, and Court of Appeal have upheld the eviction and ruled against the tenants’ appeals.

Court’s Analysis:

• Test for Stay: Applied the standard test for an interlocutory injunction:
  1. Serious Issue to Be Tried: No merit found; tenants seek to relitigate settled issues.
  2. Irreparable Harm: Tenants failed to demonstrate genuine harm (e.g., evidence suggested they could make alternate living arrangements).
  3. Balance of Convenience: Favored landlord due to ongoing financial losses caused by non-payment and delays.
• Court cited a history of unsuccessful litigation by tenants aimed at delaying eviction.

Outcome:

• The motion for a stay was dismissed.
• Costs of $4,952.79 awarded to the landlord.