Damages - Re: Unlawful Forfeiture (Commercial Tenancy)

Karunananthan v Zhong, 2015 CanLII 1023 (ON SCSM)

[37] The defendant submitted that pursuant to section 20 (1) of the CTA the plaintiff cannot sue the defendant for damages after he brought the Application for relief from forfeiture and that such damages action cannot be brought before this court.

[38] That section does not preclude a tenant from seeking damages after successfully bringing an application for relief from forfeiture. A plaintiff’s damages are not always fully known at the time of the application for relief from forfeiture thus a damages claim may follow at a later date. This court has wide jurisdiction to hear matters relating to the payment of money up to its monetary jurisdiction. In my view it was open to the plaintiff to bring this action before this court for damages arising in the circumstances of this case.