Mallia v. Wolch, (1991) 44 O.A.C. 305 (DC)

• Judge: Campbell, Austin and McKeown, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: April 15, 1991
• Jurisdiction: Ontario
• Citations: (1991), 44 O.A.C. 305 (DC)

Mallia v. Wolch (1991), 44 O.A.C. 305 (DC)

MLB headnote and full text

Catherine Mallia (respondent) v. Frederica Wolch (appellant)

(Nos. M191590/89, 409/90)

Indexed As: Mallia v. Wolch

Ontario Court of Justice

General Division

Divisional Court

Campbell, Austin and McKeown, JJ.

April 15, 1991.

Summary:

A tenant appealed a trial decision upholding the validity of the landlord's termination of the tenancy under the Landlord and Tenant Act.

The Ontario Divisional Court dismissed the appeal.

Landlord and Tenant - Topic 6671

Termination, forfeiture and re-entry - Notice to quit - Validity of - Section 101(1) of the Landlord and Tenant Act required that a notice to terminate a monthly tenancy be specified to be effective on the last day of a month of the tenancy - A landlord's notice specified November 31, a date which did not exist - The trial judge held that s. 101(1) was complied with - It was the landlord's clear intention that the tenancy was to expire at the end of November - The error was merely a slip of the pen which did not confuse or prejudice the tenant - The Ontario Divisional Court affirmed the decision.

Cases Noticed:

Bianchi and Aguanno, Re (1983), 42 O.R.(2d) 78 (Div. Ct.), dist. [para. 6].

Statutes Noticed:

Landlord and Tenant Act, R.S.O. 1980, c. 232, sect. 101(1).

Counsel:

David G. Bryce, for the respondent;

Stephen Schwartz, for the appellant.

This appeal was heard on April 3, 1991, before Campbell, Austin and McKeown, JJ., of the Ontario Divisional Court.

The judgment of the court was delivered orally by Campbell, J., and released on April 15, 1991.