Re-Entry by Landlord (CTA)

Mason Homes Limited v. Woodford, 2014 ONCA 816 (CanLII)

[16] A proper analysis of ss. 18 and 19 of the Act would necessitate consideration not only of the timing of the re-entry, but also of whether the premises were abandoned when the re-entry occurred. When premises have been abandoned, immediate re-entry by a landlord does not prejudice its ability to claim for the rent outstanding: Commercial Credit Corp. v. Harry D. Shields Ltd. (1980), 1980 CanLII 1617 (ON SC), 29 O.R. (2d) 106, at paras. 16-20 (H. Ct. J.); 615314 Ontario Ltd. v. 396380 Ontario Inc., [1995] O.J. No. 1518 (Ont. Ct. J. Gen. Div.).

[17] There was no evidence on the issue of abandonment adduced at trial because the Act was not pleaded and the respondents had, in any event, admitted that re-entry occurred on January 20, 2005. The trial judge did not, therefore, have a proper evidentiary foundation to conduct his analysis of the application of the Act. Instead, he equated a changing of the locks with a re-entry resulting in forfeiture of right to sue for the balance of the rent due and failed to conduct a meaningful analysis of the issue of abandonment.

Feeney v. Noble, 1994 CanLII 10538 (ON SC)

The tenant submits that the notice of termination did not comply with s. 103(1) of the Act because Feeney was not the landlord at the appropriate time that the notice was given. In my opinion this is not the proper construction to be placed upon the Act. If it were a person could not purchase a property for his own use and gain possession on closing. He would have to purchase it and then give the appropriate notice and wait for the expiry of that notice before bringing the application to court. This is unreasonable and not within the intent of the Act. It should be remembered that the notice itself does not evict the tenant. If the tenant chooses not to vacate, the landlord must still apply for an order of termination and writ of possession before the tenant must vacate. If for some reason the purchase had not been completed Feeney would not have the status to bring the application. The important thing is to provide reasonable notice to the tenant.