Background:
Wayne Moore, the tenant, appealed an order denying an interim stay of an order of possession in a residential tenancy dispute with Kevin Cheung, the landlord. Cheung had issued a notice to end the tenancy for alleged non-payment of rent and property damage. The Residential Tenancy Branch (RTB) granted Cheung an order of possession, which Moore contested through judicial review and appeal.

Legal Issues and Arguments:
Moore applied to have his appeal removed from the inactive list, arguing that delays were due to disagreements with his legal assistance and difficulties managing the appeal. He also claimed the dispute involved renovation rather than remediation due to an outdated unit. The key issues were:

• Whether the appeal should be reactivated despite the delay.

• Whether the appeal had become moot given the final decision on judicial review.

• Whether the landlord's claim of damage constituted insurance fraud.

The court considered factors such as the delay's extent, explanations given, potential prejudice to the respondent, and the appeal's likelihood of success.

Decision:
The court dismissed Moore’s application to reinstate the appeal, citing significant delay and mootness since the substantive issues were addressed in a related appeal. The court held that it was not in the interests of justice to reactivate the appeal.

Costs:
Kevin Cheung sought $1,000 in costs, but the court did not award them, reasoning that neither party had been wholly successful and each should bear their own costs.