905905 Ontario Limited v Stone
Tenant wins · Toronto · 2021-07-28
- Adjudicator
- G. Dow
- Dispute
- Breach of Conditions, Non-payment of Rent
- Amount
- >$20K
- Landlord
- 905905 Ontario Limited
- Tenant
- C.S.
- Landlord rep
- Michael Simaan, Rahul Gandotra
- Tenant rep
- Jonathan Piccin
What happened
Landlord sought termination of lease and vacant possession due to tenant's non-payment of rent, unauthorized residential use of commercial space, and failure to maintain insurance. Tenant contested and sought relief from forfeiture, citing COVID-19 pandemic impacts.
The ruling
The court granted relief from forfeiture to the tenant, allowing the lease to continue under certain conditions: 1) Tenant must provide proof of required insurance within 10 days, 2) Tenant must cease using the premises for residential purposes within 10 days, 3) The issue of rent arrears is left open for determination in a separate proceeding.