Purpose of the RTA
Slapsys (1406393 Ontario Inc.) v. Abrams, 2010 ONCA 676 (CanLII)[1]
[12] Section 48 is clearly an exception to the regime that protects against no fault eviction. While the legislation has a tenant protection focus, s. 48 is designed to strike a balance between the protection of tenants and the rights of landlords. Section 1 of the Act sets out a number of purposes of the Act, including “to provide protection for residential tenants from unlawful rent increases and unlawful evictions, to establish a framework for the regulation of residential rents, to balance the rights and responsibilities of residential landlords and tenants”.
Elkins v. Van Wissen, 2023 ONCA 789 (CanLII)[2]
[42] The RTA and its predecessor are remedial legislation with a tenant protection focus: Honsberger v. Grant Lake Forest Resources Ltd., 2019 ONCA 44, 431 D.L.R. (4th), at para. 19;[3] Price v. Turnbull’s Grove Inc., 2007 ONCA 408, 85 O.R. (3d) 641, at para. 26.[4] The purposes of the RTA are set out in s. 1. The first purpose listed is “to provide protection for residential tenants from…unlawful evictions”. To ignore events after a landlord gives a tenant a s. 49 termination notice limits the Board from fulfilling its responsibility to determine bad faith under s. 57(1)(b) and undermines the RTA’s stated purpose of providing tenants with protection from unlawful evictions.
Price v. Turnbull's Grove Inc., 2007 ONCA 408 (CanLII)[4]
[26] The purpose of the Act was considered by this court in Metropolitan Toronto Housing Authority v. Godwin, 2002 CanLII 41961 (ON CA), [2002] O.J. No. 2514, 161 O.A.C. 57 (C.A.).[5] At para. 19 of that decision, the court described the Act as remedial legislation having a "tenant protection focus". See also Toronto (City) v. Goldlist Properties Inc. (2003), 2003 CanLII 50084 (ON CA), 67 O.R. (3d) 441, [2003] O.J. No. 3931 (C.A.), at para. 62.[6] As remedial legislation, the Act must receive "such fair, large and liberal construction and interpretation as will best ensure the attainment of the object of the Act according to its true intent, meaning and spirit": see the Interpretation Act, R.S.O. 1990, c. I.11, s. 10.[7] See also North York General Hospital Foundation v. Armstrong (2004), 2004 CanLII 13872 (ON SCDC), 69 O.R. (3d) 603, [2004] O.J. No. 22 (Div. Ct.), affd 2005 CanLII 30699 (ON CA), [2005] O.J. No. 3627, 258 D.L.R. (4th) 85 (C.A.).[8] [page648]
Schram v. Thompson, 2022 ONSC 6922 (CanLII)[10]
[25] The Residential Tenancies Act, 2006, S.O. 2006, c. 17, is remedial legislation and it is to be given a “large and liberal interpretation”: Ottawa-Carleton Association for Persons with Developmental Disabilities/Open Hands v. Séguin, 2020 ONSC 7405 at paras. 58-75.[11] One of its primary purposes is to protect residential tenants from unlawful rent increases and evictions: Matthews v. Algoma Timberlakes Corp., 2010 ONCA 468 (C.A.), leave to appeal refused [2010] S.C.C.A. No. 369.[12]
References
- ↑ 1.0 1.1 Slapsys (1406393 Ontario Inc.) v. Abrams, 2010 ONCA 676 (CanLII), <https://canlii.ca/t/2d05l>, retrieved on 2025-02-26
- ↑ 2.0 2.1 Elkins v. Van Wissen, 2023 ONCA 789 (CanLII), <https://canlii.ca/t/k1dgk>, retrieved on 2025-02-26
- ↑ 3.0 3.1 Honsberger v. Grant Lake Forest Resources Ltd., 2019 ONCA 44 (CanLII), <https://canlii.ca/t/hx688>, retrieved on 2025-02-26
- ↑ 4.0 4.1 4.2 Price v. Turnbull's Grove Inc., 2007 ONCA 408 (CanLII), <https://canlii.ca/t/1rpw5>, retrieved on 2025-02-26
- ↑ 5.0 5.1 Ontario (Rental Housing Tribunal) v. Metropolitan Toronto Housing Authority, 2002 CanLII 41961 (ON CA), 2002 CanLII 41961 (ON CA), <https://canlii.ca/t/1cx63>, retrieved on 2025-02-26
- ↑ Cite error: Invalid
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- ↑ 7.0 7.1 Interpretation Act, R.S.O. 1990, c. I.11, <https://www.ontario.ca/laws/statute/90i11>, retrieved on 2025-02-26
- ↑ 8.0 8.1 North York General Hospital Foundation v. Armstrong, 2004 CanLII 13872 (ON SCDC), <https://canlii.ca/t/1g5jd>, retrieved on 2025-02-26
- ↑ Toronto (City) v. Goldlist Properties Inc., 2003 CanLII 50084 (ON CA), <https://canlii.ca/t/4t0r>, retrieved on 2025-02-26
- ↑ 10.0 10.1 Schram v. Thompson, 2022 ONSC 6922 (CanLII), <https://canlii.ca/t/jtdvf>, retrieved on 2025-02-26
- ↑ 11.0 11.1 Ottawa-Carleton Association for Persons with Developmental Disabilities/Open Hands v. Séguin, 2020 ONSC 7405 (CanLII), <https://canlii.ca/t/jbw7l>, retrieved on 2025-02-26
- ↑ 12.0 12.1 Matthews v. Algoma Timberlakes Corporation, 2010 ONCA 468 (CanLII), <https://canlii.ca/t/2bbcz>, retrieved on 2025-02-26