Toronto-Dominion Bank v. Hosein et al., 2016 ONCA 628

• Judge: MacPherson, Rouleau and Benotto, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: June 24, 2016
• Jurisdiction: Ontario
• Citations: 2016 ONCA 628;(2016), 352 O.A.C. 57 (CA)

TD Bk. v. Hosein (2016), 352 O.A.C. 57 (CA)

MLB headnote and full text

Temp. Cite: [2016] O.A.C. TBEd. AU.017

The Toronto-Dominion Bank (applicant/appellant) v. Jeunesse Hosein and Meera Boodhoo (respondents/respondents)

(C61401; 2016 ONCA 628)

Indexed As: Toronto-Dominion Bank v. Hosein et al.

Ontario Court of Appeal

MacPherson, Rouleau and Benotto, JJ.A.

August 16, 2016.

Summary:

The Toronto-Dominion Bank took a mortgage on a condominium owned by Hosein. Hosein made no mortgage payments since November 2012. After her default, Hosein leased the property to the Boodhoo on terms very favourable to Boodhoo. The bank applied to terminate the tenancy agreement pursuant to s. 52 of the Mortgages Act.

The Ontario Superior Court, per Gisele, J., dismissed the application on the basis that s. 52 of the Mortgages Act conflicted with the Residential Tenancies Act and was, therefore, of no effect. The bank appealed.

The Ontario Court of Appeal allowed the appeal. The held that there was no conflict between the Residential Tenancies Act and s. 52 of the Mortgages Act. In the result, the court set aside the tenancy agreement pursuant to s. 52 of the Mortgages Act.

Landlord and Tenant - Topic 6528

Termination, forfeiture and reentry - Termination - Possession by mortgagee or foreclosure - See paragraphs 10 to 29.

Counsel:

Amanda Jackson and James Riewald for the appellant;

Jack Fleming for the respondent, Meera Boodhoo;

No one appearing for the respondent, Jeunesse Hosein.

This appeal was heard on June 24, 2016, before MacPherson, Rouleau and Benotto, JJ.A., of the Ontario Court of Appeal. The following decision was delivered for the court by Benotto, J.A., on August 16, 2016.