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The Court of Appeal dismissed an appeal in a commercial lease dispute, upholding findings that loss of loading-dock access was a repudiatory breach and that interim steps did not bar termination.
Allowing an evicted former tenant and an associate with an uncontrolled aggressive dog to occupy a tenant's unit constituted breaches of Statutory Conditions 3 and 4 of s.9(1) of the Residential Tenancies Act and justified termination of the lease, but mitigating factors (long tenancy, some remedial steps) justified replacing immediate termination with a conditional order requiring lock replacement, prohibition of key sharing and exclusion of named persons, with liberty for landlord to seek immediate termination upon breach.
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Ontario Court of Appeal upheld partial summary judgment enforcing a lease change-of-ownership clause, awarding overholding rent and a writ of possession after sale of the property.
Motion for a stay of eviction and costs pending a leave to appeal was dismissed. The court found no serious issue, and the balance of convenience favoured the landlords.
The petition is dismissed because the earlier cheque in the landlord's possession did not establish that rent had been paid or would have cleared within the five-day period; there was no basis to admit fresh evidence or to conclude the RTB process was unfair, and the RTB's application of the statutory presumption in s.46(5)(a) was not patently unreasonable.
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The claimant failed to provide adequate records to establish the amounts owed and the defendant likewise failed to provide sufficient receipts for rents; Parade Street invoices were not attributable to the defendant as a separate legal entity; because the evidence could not establish precise amounts owed to either party, both the claim and counterclaim were dismissed.
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The court held that a 2005 tenancy agreement did not create a valid lease, and ordered vacant possession of the property to Cameo Farms Ltd.
The Court of Appeal for Ontario granted Chayil Church interim injunctive relief restraining lease termination pending appeal, finding a serious issue, irreparable harm, and balance of convenience.
The court set aside an RTB merits decision, finding the arbitrator’s reasoning patently unreasonable on landlord’s-use timing and s. 51(2) RTA compensation.
Landlord breached statutory condition 1 by failing to address ants for nearly two years and is liable for a limited compensatory award ($25/month for 21 months = $525), but the tenants impeded remediation in 2025 by failing to prepare the unit for treatment, so the Director's rent abatement for July–August 2025 is set aside and the appeal is allowed in part.
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