Trailer Park (Eviction) - Re: Commercial Tenancy

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-11-23
CLNP Page ID:	1883
Page Categories:	[Eviction (Commercial Tenancy)], [RTA Exempt Tenancies]
Citation:	Trailer Park (Eviction) - Re: Commercial Tenancy, CLNP 1883, <6V>, retrieved on 2024-11-23
Editor:	Sharvey
Last Updated:	2022/02/27

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2503257 Ontario Ltd. v. 2505304 Ontario Inc. (Good Guys Gas Bar), 2020 ONCA 149

[1] As a courtesy by letter dated June 17, 2019, this court’s Senior Legal Officer alerted the parties to a potential problem regarding this court’s jurisdiction to hear an appeal from an order granting vacant possession. She suggested that they could bring a motion before a single judge of this court or file a consent order transferring the appeal to the Divisional Court without the necessity of today’s attendance.

[2] The parties did not do so but argued that this court has jurisdiction to hear this appeal.

[3] We disagree. The application judge granted vacant possession to the respondent which, in our view, is caught under s. 78 (1) of the Commercial Tenancies Act, R.S.O. 1990. C. L.7, when read in light of the statutory scheme set out in s. 74 to 78, which deal with who is entitled to possession after a notice under the Commercial Tenancies Act is served. The February 13, 2019 order of Hourigan J.A., refusing a stay of the order under appeal and consequentially granting a writ of possession, was ancillary to the order granting vacant possession. It is therefore not an impediment to the Divisional Court’s jurisdiction to hear this appeal.

[4] As a result, the appeal from the January 23, 2019 order granting vacant possession must be made to the Divisional Court.

[5] Accordingly, the appeal in this court is transferred to the Divisional Court pursuant to s. 110 (1) of the Courts of Justice Act, R.S.O. 1990, c. C.43.

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

Issue No. 1

Section 103 of the Landlord and Tenant Act, R.S.O. 1990, c. L.7 (the "Act"), provides as follows:

103(1) Despite section 98, 99, 100, 101 or 102, where a landlord in good faith requires possession of residential premises at the end of,

(a) the period of the tenancy; or

(b) the term of a tenancy for a fixed term,

for the purpose of occupation by himself or herself, his or her spouse or a child or parent of the landlord or the landlord's spouse, the period of the notice of termination required to be given is not less than sixty days.

...

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.