What is the test on a motion to quash an appeal under the RTA?
Ontario, Canada
The following excerpt is from Arnold v. Lulu Holdings Inc., 2021 ONSC 8125 (CanLII):
There is no dispute about the test on a motion to quash an appeal. Both sides rely on Meglis v. Lackan, 2020 ONSC 5049 (Div. Ct.). As shown in that case, an appeal under the RTA should be quashed in these circumstances, relied upon by the landlord: (i) when it does not raise a question of law (including questions of procedural fairness) or is otherwise devoid of merit: and, (ii) when it is an abuse of process (including appeals brought for the sole purpose of obtaining a stay of an eviction).
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