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278 result(s)
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1.
Julie Daly v. Landlord and Tenant Board, et al. - 2023-09-21
Applications for Leave - DismissedJulie Daly v. Landlord and Tenant Board, et al., Julie Daly c. Commission de la location immobilière, et al., 40729 [...] Landlord and Tenant Board, His Majesty the King in Right of Ontario and Attorney General of Ontario
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2.
T. Eaton Co. v. Smith et al. - [1978] 2 SCR 749 - 1977-05-17
Supreme Court JudgmentsLease
Landlord and tenant—Insurance—Fire insurance—Tenant’s negligence—Subrogation—Right of landlord’s insurer against tenant—Landlord’s covenant to insure—Effect of option to purchase—Tenant’s covenants to repair. [...] 3) the subrogation rights of the landlord’s insurers are coextensive with the recovery rights of the landlord under the lease; [...] 6) a clear covenant between landlord and tenant that the fire insurance to be obtained by the landlord will be for the benefit of both, will constitute a bar to the subrogation action of the insurer.
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3.
Pajelle Investments Ltd. v. Herbold - [1976] 2 SCR 520 - 1975-11-13
Supreme Court JudgmentsLease
Subsequent appeals by the landlord to the Divisional Court and to the Court of Appeal were dismissed. [...] The words “rented premises” in s. 96(1) of The Landlord and Tenant Act include the duty of the landlord to provide the tenant with proper ingress to and [...] Section 96 of The Landlord and Tenant Act, R.S.O. 1970, c. 236, provides:
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4.
Re Residential Tenancies Act - [1981] 1 SCR 714 - 1981-05-28
Supreme Court JudgmentsConstitutional law
A companion Act, 1975, (Ont.), c. 13, amended The Landlord and Tenant Act to make substantial changes in the substantive law of landlord and tenant. [...] First, the legislature had removed the landlord’s traditional right to employ ‘self-help’ remedies (i.e. repossession) and now required a landlord to apply for an order of eviction. [...] Similarly, a landlord seeking an injunction against a tenant in pre‑Confederation times is in substantially the same position as a modern landlord seeking compliance under the Act.
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5.
In re The Bankruptcy of General Fireproofing Co. of Canada Ltd. - [1937] SCR 150 - 1937-02-02
Supreme Court JudgmentsBankruptcy and insolvency
Counsel for the landlord further calls our attention to the concluding words in sec. 126, that [...] That section entitles us, in considering the conflict between the municipality and the landlord, to exclude bankruptcy legislation in arriving at the rights of the landlord and the municipality between themselves. [...] The consequence that would have ensued, as between landlord and the city, on a voluntary assignment under provincial laws would have been that the city would have taken priority over the landlord by virtue of sec. 112 (11).
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6.
Ross Southward Tire v. Pyrotech Products - [1976] 2 SCR 35 - 1975-06-26
Supreme Court JudgmentsInsurance
Lease
Landlord and tenant—Convenants, express and implied—Fire insurance—Tenant’s negligence—Subrogation—Right of landlord’s insurer against tenant—The Insurance Act, R.S.O. 1970, c. 224. [...] The respondent Pyrotech was an assignee of the landlord. The tenant was unaware of the nature of the fire insurance policy taken out by the landlord. [...] Under the provision of the. lease respecting payment of insurance rates by the tenant, the risk of loss by fire passed to the landlord, at least upon the presentation by the landlord of the insurance bill, and that matter thereafter was between the landlord and its insurer.
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7.
Reference re Amendments to the Residential Tenancies Act (N.S.) - [1996] 1 SCR 186 - 1996-02-22
Supreme Court JudgmentsConstitutional law
(g) direct that the tenant pay the rent in trust to the Director pending the performance by a landlord of any act the landlord is required by law to perform. [...] (For example, see Williams' Canadian Law of Landlord and Tenant (4th ed. 1973) and Woodfall's Law of Landlord and Tenant (28th ed. 1978).) [...] The recent amendments to The Landlord and Tenant Act have brought about substantial changes in the relations between landlord and tenant . . . .
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8.
McKay v. Douglas - (1918) 57 SCR 453 - 1918-11-18
Supreme Court JudgmentsLease
In this case we are dealing with a landlord's bailiff distraining for rent. [...] It clearly was a door in the outer wall of the premises leased by the landlord to the tenant, and it might well have happened that the landlord himself, instead of Brody, might have become the occupant either actively using it or merely as landlord or owner of vacant premises. [...] The one thing that a distraining landlord must not do is to break into the premises.
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9.
Crystalline Investments Ltd. v. Domgroup Ltd. - 2004 SCC 3 - [2004] 1 SCR 60 - 2004-01-29
Supreme Court JudgmentsBankruptcy and insolvency
Lease
The consent of the landlords was not required under the leases for the assignments. [...] the landlord has no claim against the estate of the bankrupt for accelerated rent. [...] Mr. Whitten, as guarantor of CIT’s obligations, remains liable to the landlord.
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10.
New Regina Trading Co. v. The Canadian Credit Men's Trust Assn. - [1934] SCR 47 - 1933-12-22
Supreme Court JudgmentsBankruptcy and insolvency
Bankruptcy—Bankruptcy of tenant—Right of landlord to priority for three months’ rent—Bankruptcy Act, R.S.C., 1927, c. 11, s. 126—Landlord and Tenant Act, R.S. Sask., 1930, c. 199, ss. 42 to 48. [...] It is, therefore, to the Landlord and Tenant Act, as enacted by the Saskatchewan legislature, that we must look for the rights and priorities of a landlord in that province. [...] It is established law that delivery of possession by the tenant to the landlord and the landlord’s acceptance of possession, effects a surrender of the lease by operation of law.
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11.
Highway Properties Ltd. v. Kelly, Douglas and Co. Ltd. - [1971] SCR 562 - 1971-02-01
Supreme Court JudgmentsLease
Landlord and tenant—Repudiation by tenant of lease of certain premises and its consequent abandonment of said premises—Possession taken by landlord with contemporaneous assertion of right to full damages according to loss calculable over unexpired term of lease—Remedies of landlord—Measure and range of damages. [...] Clause 9, which was central to the landlord’s claim for damages, was as follows: [...] I read it as indicating that a landlord upon an abandonment or [Page 573]
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12.
In re Dunlop Hotel / Quinn v. Guernsey - [1927] SCR 512 - 1927-06-17
Supreme Court JudgmentsBankruptcy and insolvency
Herbert Guernsey, Landlord Respondent. 1927: May 13, 16; 1927: June 17. [...] Bankruptcy—Landlord and tenant—Bankruptcy of tenant—Extent of landlord’s right to priority over other creditors—Bankruptcy Act (D., 1919, c. 36), s. 52, as enacted 1923, c. 31—New Brunswick Act Respecting Landlord and Tenant, ss. 47, 48, 49, 51, as enacted 1924, c. 30— “Trader”—“Retail merchant”—“Ostensible occupation.” [...] His landlord had previously issued a distress warrant for 11 months rent.
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13.
Hobbs v. Ontario Loan and Debenture Co. - (1890) 18 SCR 483 - 1890-12-10
Supreme Court JudgmentsLease
In that case there could be no doubt that there was a mere nominal creation of the relation of landlord and tenant, or that in reality the intention was to try and get the benefit which a landlord only can have over any other creditor by using the words landlord and tenant without any intention of creating any such [...] definite term not to exceed ten years, determinable at the will of the landlord. [...] The mere nominal creation of the relation of landlord and tenant for the purpose of the mortgagees trying to get the benefit which a real landlord alone could have over any other creditor of the mortgagor without any intention of creating the relation of landlord and tenant in reality.
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14.
Canada Morning News Co. v. Thompson et al. - [1930] SCR 338 - 1930-02-04
Supreme Court JudgmentsLease
The courts, at the instance of a person claimed to be a tenant, ought to determine the status of an alleged landlord for the purpose of ascertaining whether or not the relationship of landlord and tenant exists between them, and the consequent legality of a distress. [...] In principle, therefore, they are equally applicable whether the position so asserted be that of landlord or tenant. [...] If the alleged landlord, The League, had been an entity capable of granting a lease, there might well be enough in these payments to found an estoppel against the alleged tenant denying that the relationship of landlord and tenant subsisted between it and the alleged landlord.
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15.
Metropolitan Toronto v. Atkinson et al. - [1978] 1 SCR 918 - 1977-06-24
Supreme Court JudgmentsLease
99. (1) A landlord or a tenant may give notice to terminate either orally or in writing, but a notice by a landlord to a tenant is not enforceable under section 106 unless it is in writing. [...] (4) A notice need not be in any particular form, but a notice by a landlord to a tenant may be in Form 4 and a notice by a tenant to a landlord may be in Form 5. [...] The landlord followed the section, and the accompanying form, to the letter.
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16.
Theatre Amusement Co. v. Reid - (1920) 60 SCR 92 - 1920-02-03
Supreme Court JudgmentsLease
Idington J.—The respondent Reid as landlord issued to his co-respondent a distress warrant most carefully worded so as to restrict him to the seizure only of what could be lawfully destrained for rent admittedly due and owing said landlord, and seizure was made thereunder accordingly. [...] It was so ill advised, as to imagine it could get the goods despite the above quoted statute, and perhaps defeat the landlord's claim. [...] It accordingly sues for damages for conversion of its property by the defendants, the landlord and his bailiff.
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17.
Trust and Loan Co. v. Lawrason et al - (1882) 10 SCR 679 - 1882-05-13
Supreme Court JudgmentsPriorities and hypothecs
An attornment clause in a mortgage creates the relation of landlord and tenant, with all its incident remedies. [...] That the relation of landlord and tenant was created; 2nd. That there was a fixed rent; and 3rd, that the rent was fair and reasonable. [...] If the attornment does not establish the relation of landlord and tenant, it is meaningless.
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18.
Produits de Caoutchouc Marquis Inc. v. Trottier - [1962] SCR 676 - 1962-06-11
Supreme Court JudgmentsBankruptcy and insolvency
Bankruptcy—Landlord and tenant—Claim for arrears of rent and for costs of repairs—Whether landlord a secured creditor—Whether both claims preferred—The Bankruptcy Act, R.S.C. 1952, c. 14, ss. 95, 100, 105—Civil Code, arts. 1619, 1624, 1628, 1994, 2005. [...] The previously existing statute was completely re-cast and many important changes made including changes in the preferential right of the landlord. [...] With every deference I do not think a landlord with a claim for arrears of rent falls within the definition of a "secured creditor".
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19.
Ottawa (City) v. Munroe - [1954] SCR 756 - 1954-11-01
Supreme Court JudgmentsTorts
What, then, is the duty of the landlord toward the tenant, because it would appear to follow that the tenant cannot confer greater rights or privileges upon others than he possesses himself; the scope of the tenant’s rights against the landlord will limit those of such licensees. [...] What is complained of is simply certain parts of the structural design which the landlord saw fit to give to the wash‑room. [...] On that state of things, the tenant could not have found any claim against the landlord, nor could an adult licensee.
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20.
Assessor for Port Alberni v. MacMillan Bloedel et al. - [1974] SCR 83 - 1973-05-28
Supreme Court JudgmentsTaxation
The construction put upon this section by the judge of first instance was that “annual rental value” meant the amount of money which a willing and prudent landlord would accept and a willing and prudent tenant would pay under a rental agreement which would be sufficient to provide for the landlord a return on his invested [...] In the one case the tenant paid the water rates, in the other, the landlord. [...] In my opinion the words “annual rental value” in s. 427 mean the amount of money which a willing and prudent landlord would accept and a willing and prudent tenant would pay during a period of one year under a rental agreement whereby the tenant paid to the landlord a sum sufficient to provide for the landlord a return on
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21.
Auld v. Scales - [1947] SCR 543 - 1947-10-07
Supreme Court JudgmentsLease
Section 16 (1) of that Order provides that if a landlord wishes to terminate a lease he may give [...] The respondent, as landlord, on August 7, 1944, brought this action for recovery of possession of the leased premises. [...] Crawley v. Price ([16]); Foa, The Law of Landlord and Tenant, 6th ed., 367; Wood fall's Landlord and Tenant, 22nd ed., 189.
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22.
Loveless v. Fitzgerald - (1909) 42 SCR 254 - 1909-10-05
Supreme Court JudgmentsLease
Foa on Landlord and Tenant (4 ed.), pp. 263 et seq.; Davenport v. The Queen[4]; Croft v. Lumby[5]. [...] Varley v. Coppard13 there was merely privity of estate between the landlord and the assignees of the lease, whereas here the appellant and his partner had covenanted directly with the landlord for payment of rent, etc. [...] overholding tenant and is subject to ejectment at the suit of his landlord.
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23.
Scythes & Co. Ltd. v. Gibson's Ltd. - [1927] SCR 352 - 1927-03-08
Supreme Court JudgmentsLease
Landlord and tenant—Lease of parts of building—Bursting of standpipe in leased premises—Damage to lessee's goods—Alleged liability of landlord. [...] No means had been provided by the landlord for the heating of the room in which the break in the pipe occurred. [...] Indeed I do not perceive any principle upon which the landlord is answerable.
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24.
Scott v. Heninger - [1935] SCR 408 - 1935-06-10
Supreme Court JudgmentsLease
Landlord and tenant—Distress Act, section 5—Right of distress as against chattel mortgage from "the tenant"—Mortgage given while mortgagor was not tenant of distraining landlord—The Distress Act, R.SA., 1922, c. 97, s. 5. [...] Lunney, J., of the Supreme Court of Alberta, on the trial of the issue held in favour of the appellants (landlords). [...] It must be remembered that the statute is one depriving the landlord of a part of his common law right to distrain.
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25.
Porter v. Purdy - (1909) 41 SCR 471 - 1909-04-05
Supreme Court JudgmentsLease
On the 21st May the tenant formally notified the landlord that she had appointed as her appraiser one Belyea. [...] The tenant did not relinquish possession, and on the 23rd July the landlord served upon her a formal notice to quit. [...] The tenant still continuing in possession, the landlord brought the present action of ejectment,