2503257 Ontario Ltd. v. 2505304 Ontario Inc. (Good Guys Gas Bar)
The order granting vacant possession falls within the statutory scheme of ss.74–78 of the Commercial Tenancies Act and is governed by s.78(1), therefore the appeal from the January 23, 2019 vacant possession order must be made to the Divisional Court; the writ of possession granted subsequently was ancillary and did...
Source-derived case information.
- Citation
- 2020 ONCA 149
- Parties
- Applicant: 2503257 Ontario Ltd.; Applicant: Faith of Life Network; Respondent: 2505304 Ontario Inc. (Good Guys Gas Bar)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 24 February 2020
- Procedural Posture
- Civil / Appeal (transferred to Divisional Court)
- Outcome
- Appeal transferred to the Divisional Court; no order as to costs.
- Legal Topics
- Vacant Possession, Writ of Possession, Jurisdiction, Statutory Interpretation, Transfer of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
2503257 Ontario Ltd.
Applicant
Faith of Life Network
Applicant
2505304 Ontario Inc. (Good Guys Gas Bar)
Respondent
Procedural Posture
Civil / Appeal (transferred to Divisional Court)
Legal Issues
- 1 Whether the Court of Appeal has jurisdiction to hear an appeal from an order granting vacant possession
- 2 Whether an order granting vacant possession is caught by s.78(1) of the Commercial Tenancies Act such that the appeal lies to the Divisional Court
- 3 Whether a writ of possession ancillary to a vacant possession order affects appellate jurisdiction
Ratio Decidendi
The order granting vacant possession falls within the statutory scheme of ss.74–78 of the Commercial Tenancies Act and is governed by s.78(1), therefore the appeal from the January 23, 2019 vacant possession order must be made to the Divisional Court; the writ of possession granted subsequently was ancillary and did not deprive the Divisional Court of jurisdiction, and the Court of Appeal transferred the appeal pursuant to s.110(1) of the Courts of Justice Act.
Court Disposition
Appeal transferred to the Divisional Court; no order as to costs.
Orders
- Appeal transferred to the Divisional Court pursuant to s.110(1) of the Courts of Justice Act, R.S.O. 1990, c. C.43.
- No order as to costs.
Full Case Text
Judgment text and source record
1 paragraphs
2503257 Ontario Ltd. v. 2505304 Ontario Inc. (Good Guys Gas Bar) Collection Decisions of the Court of Appeal Date 2020-02-24 Neutral citation 2020 ONCA 149 Docket numbers C66514 Judges Roberts, Lois B.; Zarnett, Benjamin; Jamal, Mahmud Subject Civil Decision Content COURT OF APPEAL FOR ONTARIO CITATION: 2503257 Ontario Ltd. v. 2505304 Ontario Inc. (Good Guys Gas Bar), 2020 ONCA 149 DATE: 20200224 DOCKET: C66514 Roberts, Zarnett and Jamal JJ.A. BETWEEN 2503257 Ontario Ltd. and Faith of Life Network Applicants (Respondent in Appeal) and 2505304 Ontario Inc., carrying on business as Good Guys Gas Bar Respondent (Appellant) Bryan Fromstein and A. Fabio Longo, for the respondent (appellant) Bernie Romano and Jordan Nussbaum, for the applicants (respondent in appeal) Heard and released orally: December 18, 2019 On appeal from the order of Justice Ivan S. Bloom of the Superior Court of Justice, dated January 23, 2019. REASONS FOR DECISION [1] As a courtesy by letter dated June 17, 2019, this court’s Senior Legal Officer alerted the parties to a potential problem regarding this court’s jurisdiction to hear an appeal from an order granting vacant possession. She suggested that they could bring a motion before a single judge of this court or file a consent order transferring the appeal to the Divisional Court without the necessity of today’s attendance. [2] The parties did not do so but argued that this court has jurisdiction to hear this appeal. [3] We disagree. The application judge granted vacant possession to the respondent which, in our view, is caught under s. 78 (1) of the Commercial Tenancies Act, R.S.O. 1990. C. L.7, when read in light of the statutory scheme set out in s. 74 to 78, which deal with who is entitled to possession after a notice under the Commercial Tenancies Act is served. The February 13, 2019 order of Hourigan J.A., refusing a stay of the order under appeal and consequentially granting a writ of possession, was ancillary to the order granting vacant possession. It is therefore not an impediment to the Divisional Court’s jurisdiction to hear this appeal. [4] As a result, the appeal from the January 23, 2019 order granting vacant possession must be made to the Divisional Court. [5] Accordingly, the appeal in this court is transferred to the Divisional Court pursuant to s. 110 (1) of the Courts of Justice Act, R.S.O. 1990, c. C.43. [6] There shall be no order as to costs. “L.B. Roberts J.A.” “B. Zarnett J.A.” “M. Jamal J.A.”