N13 - Re: Demolition (Meaning)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1915
Page Categories:	[Renovation & Demolition (LTB)]
Citation:	N13 - Re: Demolition (Meaning), CLNP 1915, <78>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2022/05/10

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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.