Landlord and Tenant

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OVERVIEW

Landlord and Tenant disputes, particularly those related to commercial tenancies, can be a complex field that requires a law firm to not only have a thorough understanding of the law but also be sensitive to the need for a landlord and tenant to maintain a business relationship.

Our lawyers attempt to resolve landlord and tenant disputes through negotiation and alternative dispute resolution first. When alternative dispute resolution fails, our lawyers are experienced and prepared to have your dispute resolved expeditiously and efficiently in the Landlord and Tenant Board or in the courts.

SERVICES

Comprehensive Service

Our Landlord and Tenant Group is very active in a full range of landlord and tenant matters, including:

  • comprehensive landlord and tenant services
  • Residential Tenancies Act Disputes
  • Commercial Tenancies Act Disputes
  • Eviction Proceedings and Landlord Re-entry and Distraint
  • Advancing or Responding to Landlord and Tenant Board Applications
  • Disputes Over Lease Terms and Provisions
  • Lease Remedies
  • Rent Disputes
  • Business Interference
  • Injunctions and Civil Restraining Orders
  • Debt Collection and Recovery
  • Risk Assessment and Management

Flexible Funding Arrangements

The Landlord and Tenant Group works together with our clients to develop and implement funding arrangements appropriate to the size and complexity of the case and the needs of the client.

CHAIR(S)

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FIRM CASES

Gustanar et al. v Minto et al. and Franick Rd. Service Inc, 2016 ONSC 2341

PUBLICATIONS

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Default Causation And Standard Of Proof For A Hypothetical Pre-Trial Loss

First Published in Advocates Quarterly. This paper addresses whether the same principles regarding the “real and substantial possibility” standard of proof apply to a hypothetical past loss claim as they do to a hypothetical future loss claim, and the interplay between the two standards of proof applicable to hypothetical claims: balance of probabilities for the “but for” causation test, and “real and substantial possibility” for damages.

A costs rules original Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05

In order to protect limitation periods, especially in cases where liability is yet to be determined, there is an obligation on counsel to identify, name, and pursue all parties who may be liable to the plaintiff(s). However, as the discovery process begins, parties often become aware that they have added in a party that will bear no liability to the plaintiff(s). Often, parties are able to consent to a dismissal or discontinuance without costs; however, there are cases in which defendant(s) will not go out without costs. In these cases, parties can move for a ruling under Rule 23.05...

A family original Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp.
On June 25, 2021, the Ontario Court of Appeal, led by Justice Fairburn in Moore et al., v. 7595611 Canada Corp., 2021 ONCA 459, upheld a $1,326,000 jury award arising from a harrowing set of circumstances in which a 23-year-old woman suffered severe burns, leading to her death.
 
The jury found that the appellants fell below the standard of care of a reasonable landlord and found them responsible for Alisha's death. The jury made the following damages awards...