Archive

Mar
2015

Commercial Tenancies Act (CTA)-It would seem that the application of commercially reasonable practices when it comes to storage charges against a tenant’s abandoned goods and chattels is not always the case.

In the decision of Toronto-Dominion Bank v. DiFelice heard in the Ontario Superior Court of Justice, the presiding Justice ruled that the landlord, who had terminated the commercial tenancy for non-payment of rent, did not ...

Mar
2015

Commercial Tenancies Act (CTA)-When a tenant abandons their goods and chattels following a landlord’s termination of tenancy for non-payment of rent, what is the mechanism wherein a landlord can claim storage charges?

The Eby v. Pitkin decision of the Ontario Divisional Court in 2006 provides such guidance. Justice E. Macdonald, writing for the panel, dismissed the defendant’s appeal and upheld the decision of Justice Wilson. In that ...

Nov
2014

Commercial Tenancies Act (CTA)-Landlord’s election between two mutually exclusive remedies is irrevocable and once the election is made, the other remedy is unavailable during the same default period.

If a tenant fails to pay rent, the landlord has a decision to make. Does the landlord terminate the tenancy and sue for the arrears of rent and for future rent or does the landlord continue the tenancy and distrain on the ...

Jul
2014

Commercial Tenancies Act (CTA)-Landlord barred from enacting Distress Remedy

A commercial landlord leases a property to a tenant in the fast food business. The tenant is also a franchisor who historically leases the property, establishes the business and then sells the established business to a ...