1497777 Ont. Inc. v. Leon's Furniture, (2004) 187 O.A.C. 110 (CA)

• Judge: Morden, Weiler and Charron, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: May 13, 2004
• Jurisdiction: Ontario
• Citations: (2004), 187 O.A.C. 110 (CA)

1497777 Ont. Inc. v. Leon's Furniture (2004), 187 O.A.C. 110 (CA)

MLB headnote and full text

Temp. Cite: [2004] O.A.C. TBEd. MY.031

In The Matter Of an Application pursuant to Rule 14.05(3)(d) of the Rules of Civil Procedure;

In The Matter Of an Application pursuant to Part III of the Commercial Tenancies Act, R.S.O. 1990 C.1.7:

1497777 Ontario Inc. (applicant/appellant) v. Leon's Furniture Limited and Marca School of Hair Design Inc. (respondents/respondents in appeal)

(C38579)

Indexed As: 1497777 Ontario Inc. v. Leon's Furniture Ltd. et al.

Ontario Court of Appeal

Morden, Weiler and Charron, JJ.A.

May 13, 2004.

Summary:

A landlord applied for a declaration that the lease was terminated on the ground that the tenant had sub-let the premises without the landlord's consent. The tenant made a counter-application for relief from forfeiture. The sub-tenant applied for an order vesting in it a leasehold interest in the premises in the event that the application succeeded and the counter-application failed.

The Ontario Superior Court dismissed the landlord's application. The court did not deal with the tenant's counter-application nor with the sub-tenant's application. The landlord appealed.

The Ontario Court of Appeal, in a decision reported 176 O.A.C. 380, allowed the appeal. The court declared that the lease was terminated and that the landlord was entitled to possession of the premises unless the tenant obtained an order granting it relief from forfeiture. The court directed that the tenant's counter-application for relief from forfeiture proceed to trial in the Superior Court because it could not decide the question in a fair and satisfactory manner on the materials before the court. The court directed that the sub-tenant's application also be determined by the Superior Court in case the tenant's counter-application was dismissed. The parties disagreed on whether the formal order of the court should specify the date of termination. The partied moved for directions.

The Ontario Court of Appeal, per remaining justices Weiler and Charron, JJ.A., Morden, J.A. having retired, ruled that the lease was terminated on November 19, 2001.

Counsel:

Charles Simco and Leslie Dizgun, for the appellant;

Geoff R. Hall, for the respondent, Leon's Furniture Limited;

Barnet H. Kussner, for the respondent, Marca School of Hair Design Inc.

This motion for directions was heard by Weiler and Charron, JJ.A., of the Ontario Court of Appeal, who released the following decision on May 13, 2004.