N13 - Re: Demolition (Meaning)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-01
CLNP Page ID:	1915
Page Categories:	[Renovation & Demolition (LTB)]
Citation:	N13 - Re: Demolition (Meaning), CLNP 1915, <78>, retrieved on 2024-11-01
Editor:	Sharvey
Last Updated:	2024/04/11

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Residential Tenancies Act, 2006, S.O. 2006, c. 17

50 (1) A landlord may give notice of termination of a tenancy if the landlord requires possession of the rental unit in order to,

(a) demolish it;

(b) convert it to use for a purpose other than residential premises; or

(c) do repairs or renovations to it that are so extensive that they require a building permit and vacant possession of the rental unit. 2006, c. 17, s. 50 (1).

(2) The date for termination specified in the notice shall be at least 120 days after the notice is given and shall be the day a period of the tenancy ends or, where the tenancy is for a fixed term, the end of the term. 2006, c. 17, s. 50 (2).

...

52 (1) A landlord shall compensate a tenant in an amount equal to three months rent or offer the tenant another rental unit acceptable to the tenant if,

(a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use;

(b) the residential complex in which the rental unit is located contains at least five residential units; and

(c) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 2006, c. 17, s. 52.

(2) A landlord shall compensate a tenant in an amount equal to one month’s rent or offer the tenant another rental unit acceptable to the tenant if,

(a) the tenant receives notice of termination of the tenancy for the purposes of demolition or conversion to non-residential use;

(b) the notice of termination is given on or after the day the Protecting Tenants and Strengthening Community Housing Act, 2020 receives Royal Assent;

(c) the residential complex in which the rental unit is located contains fewer than five residential units; and

(d) in the case of a demolition, it was not ordered to be carried out under the authority of any other Act. 2020, c. 16, Sched. 4, s. 6.

TSL-04695-19 (Re), 2019 CanLII 134276 (ON LTB)

27. The Divisional Court upheld the Board’s decision and concluded at paragraph 10 that “ .. the Board’s approach to the definition of demolition was reasonable and consistent with the Act and modern principles of statutory interpretation.”

28. The Divisional Court also found that the Board’s decision in Two Clarendon Apartments was consistent with the result in Corbett v. Lanterra Developments, 2014 ONSC 3297 (CanLII) (Div. Ct.), at para. 14, where there was a demolition permit, and the construction resulted in different units from those demolished, so that the tenant could not move back into the rental unit. where the they deemed the proposed work to be a renovation because the Tenant could walk back into essentially the same unit.

29. Conversely therefore, any substantial alteration of the rental unit which results in the rental unit ceasing to exist will be a demolition. See TSL-51257-14-RV at paragraph 27.

30. In this case, the work proposed at the residential complex will result in some of the units ceasing to exist in any form, while other units will continue to exist after the work has been completed albeit their exact configurations and amenities will have been altered.

TSL-51257-14-RV (Re), 2015 CanLII 22344 (ON LTB)

22. The project undertaken by the Landlord involves a nine storey addition to the top of the existing tower effectively increasing the height from 32 to 41 storeys and adding to the base an eight storey podium building “with wings”. One of those wings would include a purpose built building which would house 78 residential rental units. The scope of the work involves demolition of “demising walls and units on each of the existing floors”, and the construction of the “super structure” that will support the additional floors.

23. The City Council approved the application to demolish the 161 existing residential units including the unit in which this Tenant resides. As part of the approval process the Landlord was required to provide and maintain 78 replacement rental housing units “comprising of 16 bachelor units, at least thirty-seven 1- bedroom or greater units and at least twenty-five 2 bedroom units, of which at least 28 units shall have mid-range rents”. The City has issued four demolition permits from March, 2013 to March, 2014. In addition, City Council also required to the Landlord to double both the notice period set out in subsection 50(2) and the compensation payable to the Tenant.

24. The Landlord submitted into evidence, a letter from the City of Toronto’s Acting Chief Planner and Executive Director dated April 20, 2012, in which he states in part “confirmation has been provided that the work proposed constitutes demolition rather than condominium conversion as per the City of Toronto Official Plan and Rental Housing Demolition and Conversion By-law”.

25. The Landlord also submitted into evidence, architectural drawings of the complex which show the current configuration of the Tenant’s unit will disappear with the removal of walls and changes to the floor configuration.

26. At the very end of the hearing the Tenant made submissions for the first time that the work constituted conversion and not demolition under the Act. No evidence was led in support of this proposition during the hearing.

27. Based on the evidence before me, I am satisfied that the work the Landlord intends to undertake would be in the nature of demolition and not conversion. The project will effectively cause the rental unit to disappear and change irrevocably. As a result, I find the work constitutes “demolition” under the Act.

28. The Landlord has paid the Tenant the amount of compensation required by the City, as stated above it is twice the amount required under section 52 of the Act.

29. Given all the above, I am satisfied that the Landlord in good faith requires possession of the Tenant’s rental unit in order to demolish it.