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Canada decisions
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The Ontario Court of Appeal dismissed 2668602 Ontario Inc.’s appeal, holding a liquidation order deemed warehouse racking abandoned after lease disclaimer and sale deadlines.
The court dismissed a landlord’s CTA petition for possession as an abuse of process because an earlier active action between the same parties already raised the same dispute.
The court found the respondents wrongfully held commercial premises after notice to quit and a demand for possession, and issued a writ of possession.
The court dismissed a commercial tenancy injunction application, finding no sufficient irreparable harm, balance of convenience against relief, and concerns about regulatory compliance.
The court held the Shalom Branch could keep using the meeting hall on a low recurring rent. Proprietary estoppel barred eviction, and the Society’s possession claim failed.
The landlord established a prima facie right to a commercial tenancy possession inquiry; waiver and issue estoppel were left for the stage-two hearing.
Costs reasons in a tenancy petition: the respondent was substantially successful and received costs, including special costs for the landlord witnesses’ misleading evidence.
The court held the Cedar Building was governed by the RTA, but the Cedar Lot, Lenzi Lot, and Viking premises were commercial tenancies terminated under the CTA.
The court dismissed Jenor Steel’s petition for a writ of possession, finding DC Machine was not wrongfully holding the property under the Commercial Tenancy Act.
Appeal allowed in a commercial tenancy dispute after the chambers judge ordered the tenant to vacate, a remedy not sought and made without following the CTA.
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