Prejudice (Meaning of)

Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved:	2024-06-03
CLNP Page ID:	2030
Page Categories:	[Legal Principles]
Citation:	Prejudice (Meaning of), CLNP 2030, <>, retrieved on 2024-06-03
Editor:	Sharvey
Last Updated:	2022/12/07

Minas v. Adler, 2022 ONSC 6706 (CanLII)

[15] Dow J. then considered the test for granting an injunction as described in RJR-MacDonald Inc. v. Canada (Attorney General) 1994 CanLII 117 (SCC), 1994 1 S.C.R. 311. At paras. 13 to 15 of his reasons, Dow J. dismissed the Tenants’ injunction motion based upon the second prong of the RJR-MacDonald test. As emphasized in bold below, Dow J. expressed the view that the propriety of the eviction should be dealt with by the Board:

Regarding the second test whether the moving party tenant will suffer irreparable harm if the injunctive relief is not granted, I have concluded that they will not. Mr. Adler’s private corporation can be operated from a variety of locations and not necessarily a private residence which raises application of the Residential Tenancies Act, supra.

Mr. Adler has resided in the United Arab Emirates since December, 2020. The evidence is his employer, Skypower Services pays for his accommodations in that location. It is clear he has and continues to perform the duties of his occupation from that location, being other than Toronto. The primary concern of accommodation for his son to attend Crescent School and live nearby has been secured, likely at an optimal location, that is, with his mother who has shared custody.

The Supreme Court of Canada has described the nature of irreparable harm as being something that cannot be quantified in monetary terms or cured by collecting damages from the other. I was not directed to any evidence of such harm. To the contrary, it would appear the propriety of the eviction of the plaintiffs/tenants should first be dealt with by the Landlord and Tenant Board. If any claims for damages remain, this action seeks same and remains available. [Emphasis added.]

[16] Dow J. then addressed the third prong of the RJR-MacDonald test at paras 16 and 17:

Regarding the third part of the test, being which party would suffer the greater harm from granting or refusing the remedy sought until there is a decision on the merits, I have concluded this also rests in favour of the defendants/landlords. There is evidence that this luxury property was not being kept up to a standard that one would expect. That is perhaps understandable given Mr. Adler’s absence from the property since December, 2020. In addition, the evidence regarding Mr. Adler’s return to the premises was uncertain if not speculative.

The defendants’ decision to move back in, in my view, provides the best opportunity for the property to be properly maintained pending disposition of all of the disputes between the parties before the Landlord and Tenant Board. This will also benefit the plaintiffs/tenants if determination of the issue of ending their tenancy is resolved in their favour. In this regard, there is evidence that the plaintiffs/tenants’ refusal to pay the water bill (which has been added to the tax bill and paid by the defendants/landlords) relates to it being excessive as a result of [a] leak in the pool. With the landlord in possession, the steps necessary to determine that [sic] the water leak issue can progress more efficiently. Further, the defendant/landlords’ testified insurance on the property requires them to be living in it and that refinancing of mortgages depends on the defendants/landlords being in possession. [emphasis added]