Eviction - Re: Enforcement Proceedings - Re: Non-Payment (CTA)

Commercial Tenancies Act, R.S.O. 1990, c. L.7

1. In this Act,

“landlord” includes a person who is lessor, owner, the person giving or permitting the occupation of the premises in question, and these persons’ heirs and assigns and legal representatives, and in Parts II and III also includes the person entitled to possession of the premises;

“tenant” includes a person who is lessee, occupant, sub-tenant, under-tenant, and the person’s assigns and legal representatives.

2. This Act does not apply to tenancies and tenancy agreements to which the Residential Tenancies Act, 2006 applies. 1997, c. 24, s. 213 (3); 2006, c. 17, s. 247.

4. All persons being grantees or assignees of the Queen, or of any person other than the Queen, and the heirs, executors, successors and assigns of every of them, shall have and enjoy like advantage against the lessees, their executors, administrators, and assigns, by entry for non-payment of the rent, or for doing of waste, or other forfeiture, and also shall have and enjoy all and every such like and the same advantage, benefit, and remedies, by action only, for the non-performance of other conditions, covenants, or agreements, contained and expressed in the indentures of their said leases, demises or grants against all and every of the said lessees and grantees, their executors, administrators, and assigns as the said lessors or grantors themselves, or their heirs or successors, might have had and enjoyed at any time or times. R.S.O. 1990, c. L.7, s. 4

18. (1) Every demise, whether by parol or in writing and whenever made, unless it is otherwise agreed, shall be deemed to include an agreement that if the rent reserved, or any part thereof, remains unpaid for fifteen days after any of the days on which it ought to have been paid, although no formal demand thereof has been made, it is lawful for the landlord at any time thereafter to re-enter into and upon the demised premises or any part thereof in the name of the whole and to have again, repossess and enjoy the same as of the landlord’s former estate. R.S.O. 1990, c. L.7, s. 18 (1).

(2) Every such demise shall be deemed to include an agreement that if the tenant or any other person is convicted of keeping a disorderly house within the meaning of the Criminal Code (Canada) on the demised premises or any part of it, or carries on or engages in, on the demised premises or any part of it, any trade, calling, business or occupation for which a licence is required under a business licensing by-law, as defined in subsection 1 (1) of the Municipal Act, 2001 or a by-law passed under paragraph 11 of subsection 8 (2) of the City of Toronto Act, 2006, as the case may be, without that licence, it is lawful for the landlord at any time thereafter to re-enter into the demised premises or any part of it and to have again, repossess and enjoy the same as of the landlord’s former estate. 2006, c. 32, Sched. C, s. 6.

Buck or Two Properties Inc. v. 1281632 Ontario Limited, 2007 CanLII 54077 (ON SC)

[8] Section 18(1) of the Commercial Tenancies Act, R.S.O. 1990, c. L.7, reads as follows:

18. (1) Every demise, whether by parol or in writing and whenever made, unless it is otherwise agreed, shall be deemed to include an agreement that if the rent reserved, or any part thereof, remains unpaid for fifteen days after any of the days on which it ought to have been paid, although no formal demand thereof has been made, it is lawful for the landlord at any time thereafter to re-enter into and upon the demised premises or any part thereof in the name of the whole and to have again, repossess and enjoy the same as of the landlord’s former estate. (emphasis added)

Furthermore, s. 17(1)(a) of the head-lease, which governs how and when the landlord may re-enter the premises for non-payment of rent or non-performance of covenants, states that the landlord may re-enter in the event:

(a) of the failure of the Tenant to pay any rental or other sums due hereunder on the day or dates appointed for the payment thereof (provided the Landlord shall give ten (10) days written notice to the Tenant of any such failure) (emphasis added)

[9] The landlord can re-enter the leased premises under statute after 15 days of non-payment of rent, and, under the terms of the head-lease, 10 days after providing written notice of a breach. In this case, 128 re-entered the leased premises four days after providing written notice. In my view such a re-entry was unlawful.