Obligation to Provide a Copy of the Signed Lease: Difference between revisions

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(Created page with "Category: Landlord Tenant ===[http://canlii.ca/t/gs65x Arora v Wieleba, 2016 CanLII 37551 (ON SCSM)]=== 15. This is not a case where a copy of the lease sig...")
 
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[[Category: Landlord Tenant]]
[[Category:Contract Law, Leases, & Sub-Letting (LTB)]]


===[http://canlii.ca/t/gs65x Arora v Wieleba, 2016 CanLII 37551 (ON SCSM)]===
===[http://canlii.ca/t/gs65x Arora v Wieleba, 2016 CanLII 37551 (ON SCSM)]===


15.             This is not a case where a copy of the lease signed by the landlord was delivered later than the 21-day period contemplated by the section.  It appears and I find that even during the litigation, assuming for the sake of argument that providing a copy after litigation commenced would revive the tenant’s obligation to pay rent, no copy of the lease signed by the landlord was provided to Ms. Wieleba.
15. This is not a case where a copy of the lease signed by the landlord was delivered later than the 21-day period contemplated by the section.  It appears and I find that even during the litigation, assuming for the sake of argument that providing a copy after litigation commenced would revive the tenant’s obligation to pay rent, no copy of the lease signed by the landlord was provided to Ms. Wieleba.


16.             Section 12(4) suspends the obligation to pay rent and prohibits the landlord from requiring the tenant to pay rent.  On these facts I find those provisions remain operative today.  Therefore the plaintiff’s claim must be dismissed.
16. Section 12(4) suspends the obligation to pay rent and prohibits the landlord from requiring the tenant to pay rent.  On these facts I find those provisions remain operative today.  Therefore the plaintiff’s claim must be dismissed.

Revision as of 20:58, 4 June 2020


Arora v Wieleba, 2016 CanLII 37551 (ON SCSM)

15. This is not a case where a copy of the lease signed by the landlord was delivered later than the 21-day period contemplated by the section. It appears and I find that even during the litigation, assuming for the sake of argument that providing a copy after litigation commenced would revive the tenant’s obligation to pay rent, no copy of the lease signed by the landlord was provided to Ms. Wieleba.

16. Section 12(4) suspends the obligation to pay rent and prohibits the landlord from requiring the tenant to pay rent. On these facts I find those provisions remain operative today. Therefore the plaintiff’s claim must be dismissed.