Life Lease (RTA)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-06-10
CLNP Page ID:	1515
Page Categories:	[Contract Law, Leases, & Sub-Letting (LTB)]
Citation:	Life Lease (RTA), CLNP 1515, <https://rvt.link/bt>, retrieved on 2024-06-10
Editor:	Sharvey
Last Updated:	2024/05/13

Real Property Limitations Act, R.S.O. 1990, c. L.15

1 In this Act, ...

“land” includes messuages and all other hereditaments, whether corporeal or incorporeal, chattels and other personal property transmissible to heirs, money to be laid out in the purchase of land, and any share of the same hereditaments and properties or any of them, any estate of inheritance, or estate for any life or lives, or other estate transmissible to heirs, any possibility, right or title of entry or action, and any other interest capable of being inherited, whether the same estates, possibilities, rights, titles and interest or any of them, are in possession, reversion, remainder or contingency; (“bien-fonds”)

...

39 The time during which any person otherwise capable of resisting any claim to any of the matters mentioned in sections 30 to 35, is a minor, is incapable as defined in the Substitute Decisions Act, 1992, whether or not the person has a guardian, or is a tenant for life, or during which any action has been pending and has been diligently prosecuted, shall be excluded in the computation of the period mentioned in such sections, except only in cases where the right or claim is thereby declared to be absolute and indefeasible. R.S.O. 1990, c. L.15, s. 39; 2006, c. 19, Sched. B, s. 20 (2); 2009, c. 33, Sched. 2, s. 63 (2).

40 Where any land or water upon, over or from which any such way or other easement, water course or use of water has been enjoyed or derived, has been held under or by virtue of any term of life or any term of years exceeding three years from the granting thereof, the time of the enjoyment of any such way or other matter as herein last before-mentioned during the continuance of such term shall be excluded in the computation of the period of forty years mentioned in section 31, if the claim is, within three years next after the end or sooner determination of such term, resisted by any person entitled to any reversion expectant on the determination thereof. R.S.O. 1990, c. L.15, s. 40.

Giroux v. I.O.O.F. Senior Citizen Homes Inc., 2013 ONSC 8006 (CanLII)

[7] The parties agree that there is no specific legislative regime that applies to Life Lease Occupancy residences that would be similar to the Condominium Act or Residential Tenancies Act. The Life Lease Occupancy Agreements set out the terms and conditions under which residents are able to occupy their respective units and use the common facilities.

Celebrity Flooring Systems Ltd. v. One Shaftesbury Community Association, 2006 CanLII 33474 (ON SC)

[18] In late 1997 and early 1998, Roy Hogg, as Chairman of the Finance Committee, was successful in arranging a construction loan from the TD Bank. The TD Bank commitment letter, dated April 29, 1998, is found at Ex. 30. The construction loan was initially for $7.5 million. It was to be secured by a demand first mortgage on the land, and by various other security agreements, and by $3 million in personal guarantees from the Founders and First Circle Members, and by the assignment of all Binding Letters of Intent (i.e., the offers to purchase) and of all Right-to-Occupy Agreements, also called “Life Leases” (the deeds). Each purchaser, when they closed their purchase, paid their money to 124 who in turn paid most of the money to TD Bank to pay down the mortgage. The purchasers would get a “Life Lease”, also called a “Right-to-Occupy”, from the Association who, initially, owned all the units. The TD Bank had also agreed to provide any long-term mortgage financing to any individual purchaser who required a mortgage for their unit.