Toronto Community Housing v. Bryant Didier

Landlord wins · Toronto · 2018-08-31

Adjudicator

Sanfilippo J.

Dispute

Commercial Tenancy Termination

Landlord

T.C.H.C.

Tenant

B.D.

Landlord rep

A. Abells, M. Lee

What happened

The landlord, Toronto Community Housing Corporation, sought to terminate the tenant's rental of a basement unit (Unit B3) used as a music recording studio. The tenant had been renting the unit since 1989 but no longer lived in the building. The landlord served notices to quit in 2015 and 2017, and the tenant refused to vacate. The main issues were whether the Commercial Tenancies Act applied and whether the landlord could terminate the tenancy.

The ruling

The court ruled in favor of the landlord, finding that the Commercial Tenancies Act applied and the landlord was entitled to terminate the tenancy. The tenant's tenancy was determined to have ended on September 30, 2017. The court granted a writ of possession to the landlord, effective October 31, 2018, giving the tenant 60 days to vacate. The tenant was ordered to continue paying $132 monthly rent until vacating.