Slimmon-Weber v. Racco

Tenant wins · Toronto · 2021-04-26

Adjudicator

J.E. Ferguson

Dispute

Breach of Conditions, Substantial Interference

Landlord

V.R.

Tenant

E.S.

Landlord rep

Michael Corbett

Tenant rep

Leora Wise

What happened

Tenant applied for an order that her commercial lease is valid and binding after Landlord attempted to terminate the lease and lock her out. Landlord counter-applied to terminate the lease for fundamental breach. The dispute centered around whether the lease was for commercial or residential use, and whether the Tenant had breached zoning bylaws and other lease terms.

The ruling

The court ruled in favor of the Tenant, finding that the lease is valid and binding. The Landlord's attempt to terminate the lease was declared unlawful and invalid. The court granted an injunction restraining the Landlord from interfering with the Tenant's business and right of quiet enjoyment. The Landlord was ordered to fix outstanding repairs within 30 days, including replacing the central air conditioning unit. The Landlord's counter-application was dismissed.