Unilaterally Altering Contracts: Difference between revisions
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[53] With respect to the City’s argument that certain rights of tenants under the RTA (including security of tenure) are “conferred upon tenants individually and cannot be displaced or circumvented by a group lease” and <b><u>“while a group may commence a tenancy together, they [i.e. each member of the group] retain individual rights under the RTA and the landlord must deal with each tenant as an individual”,</b></u> Mr. Kritz points out a recent decision of the Ontario Landlord and Tenant Board, as reflected in <i>D.S. v. R.T., SOT-68533-16-RV, 2016 CanLII 44359 (Ont. L.T.B.)</i><ref name="SOT-68533-16-RV"/>, at paras. 6-10. There, the Board upheld an earlier decision that had determined that one tenant could unilaterally terminate a joint tenancy without the consent (or even the knowledge) of his/her co-tenant. | [53] With respect to the City’s argument that certain rights of tenants under the RTA (including security of tenure) are “conferred upon tenants individually and cannot be displaced or circumvented by a group lease” and <b><u>“while a group may commence a tenancy together, they [i.e. each member of the group] retain individual rights under the RTA and the landlord must deal with each tenant as an individual”,</b></u> Mr. Kritz points out a recent decision of the Ontario Landlord and Tenant Board, as reflected in <i>D.S. v. R.T., SOT-68533-16-RV, 2016 CanLII 44359 (Ont. L.T.B.)</i><ref name="SOT-68533-16-RV"/>, at paras. 6-10. There, the Board upheld an earlier decision that had determined that one tenant could unilaterally terminate a joint tenancy without the consent (or even the knowledge) of his/her co-tenant. | ||
<ref name="Kritz">Kritz v City of Guelph, 2016 ONSC 6783 (CanLII), <https://canlii.ca/t/h3cn4>, retrieved on 2021-04-01</ref> | |||
<ref name="SOT-68533-16-RV">SOT-68533-16-RV (Re), 2016 CanLII 44359 (ON LTB), <https://canlii.ca/t/gsk2p>, retrieved on 2021-04-01</ref> | |||
Revision as of 23:59, 17 January 2022
Kritz v City of Guelph, 2016 ONSC 6783 (CanLII)[1]
[53] With respect to the City’s argument that certain rights of tenants under the RTA (including security of tenure) are “conferred upon tenants individually and cannot be displaced or circumvented by a group lease” and “while a group may commence a tenancy together, they [i.e. each member of the group] retain individual rights under the RTA and the landlord must deal with each tenant as an individual”, Mr. Kritz points out a recent decision of the Ontario Landlord and Tenant Board, as reflected in D.S. v. R.T., SOT-68533-16-RV, 2016 CanLII 44359 (Ont. L.T.B.)[2], at paras. 6-10. There, the Board upheld an earlier decision that had determined that one tenant could unilaterally terminate a joint tenancy without the consent (or even the knowledge) of his/her co-tenant.
- ↑ 1.0 1.1 Kritz v City of Guelph, 2016 ONSC 6783 (CanLII), <https://canlii.ca/t/h3cn4>, retrieved on 2021-04-01
- ↑ 2.0 2.1 SOT-68533-16-RV (Re), 2016 CanLII 44359 (ON LTB), <https://canlii.ca/t/gsk2p>, retrieved on 2021-04-01
