Summary: This case involves One Clarendon Inc. (landlord) and tenants Kathleen and John Finlay, who faced legal action due to significant rent arrears. The landlord sought and obtained an interim order from the Superior Court, compelling the tenants to pay both ongoing rent and arrears pending a full trial.

Key Points:

• Interim Order Enforcement: Justice William Black of the Superior Court issued an order requiring the Finlays to pay scheduled ongoing rent and arrears.
• Appeal and Jurisdiction Issues: The tenants initially sought to appeal the interim order to the Divisional Court but then abandoned that appeal and opted for an appeal to the Court of Appeal. Subsequently, the landlord filed a Motion to Quash this appeal citing jurisdiction issues. The appeal was eventually abandoned by the tenants.
• Costs and Conduct: The landlord requested full indemnity costs based on the tenants' delaying tactics and non-payment of rent, arguing that these actions were abusive of the court process. However, the court awarded costs on a partial indemnity scale, deciding that issues regarding the tenants’ conduct should be addressed during the upcoming Superior Court hearing.

Outcome: The Court of Appeal granted the landlord partial indemnity costs amounting to $9,045.66, payable forthwith by the tenants, highlighting the interim measures taken to ensure ongoing rent payment during legal proceedings.