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Lynch v. Ross Wilson Holdings Ltd., 2026 ONSC 2471

Landlord and Tenant Board granted eviction order due to substantial rent arrears. The tenant appealed, and the eviction was automatically stayed. A case management judge established interim payment terms requiring the tenant to pay ongoing rent and $1,000 monthly toward arrears to maintain a statutory stay. The tenant failed to make any payments and brought a review motion, leading the landlord to request enforcement of the eviction order. The Divisional Court dismissed the tenant’s stay motion, lifted the stay of the Landlord and Tenant Board’s eviction order, and directed immediate enforcement. The court reasoned that a statutory stay pending appeal does not exist to provide tenants with rent-free living at the landlord’s expense.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.