Oppong v. Desaro Holdings Inc.

Tenant wins · Toronto · 2020-04-01

Adjudicator

Kimmel J.

Dispute

Breach Of Lease, Wrongful Eviction

Landlord

Desaro Holdings Inc.

Tenant

E.O.

Landlord rep

Karanpaul Randhawa

Tenant rep

Reshma Kishnani

What happened

Tenant sought return of possession and quiet enjoyment of leased commercial premises after being wrongfully locked out by Landlord in January 2020. Tenant claimed Landlord unlawfully terminated her lease which was not set to expire until February 2022. Landlord claimed lease had ended December 31, 2019 based on a purported lease amending agreement, which Tenant denied signing. Landlord had already leased premises to a new tenant.

The ruling

The court declared the Tenant's lease valid until February 2022 and that the Landlord unlawfully terminated it. The Tenant is entitled to return of possession and quiet enjoyment of the premises. The Landlord must take steps to remove the new tenant. The Tenant is not required to pay rent until possession is returned. A trial is ordered to determine the Tenant's damages.