Real Property – Landlord and tenant - Distress
Corporations entered into oral agreement by which plaintiff leased part of the defendant’s premises on terms that included payment of property taxes and utilities for the building and responsibility for maintenance. Plaintiff brought motion claiming that defendant had wrongfully or excessively distrained assets and wrongfully terminated lease. Motion granted. Interlocutory order issued for recovery of plaintiff’s personal property itemized in affidavit. Plaintiff shall recover chattels within thirty days from release of these reasons at date and time to be agreed upon by parties. Plaintiff, through circumstances relating to the conduct of litigation, had been deprived of goods for nearly two years. Conversion of plaintiff’s chattels to defendant’s own use while locking plaintiff out of the premises constituted illegal distraint. Once defendant locked plaintiff out, there was no subsisting relationship between landlord and tenant to ground remedy of distraint.
2133048 Ontario Limited v. 1188640 Ontario Ltd. (2020), 2020 CarswellOnt 1108, 2020 ONSC 224, H.M. Pierce J. (Ont. S.C.J.).
Case Law is a weekly summary of notable civil and criminal court decisions by the Supreme Court of Canada, the Federal Court of Canada and all Ontario courts. These cases may be found online in WestlawNext Canada. To subscribe, please visit store.thomsonreuters.ca
