2783211 ONTARIO LIMITED v LANGLOIS

Tenant wins · Windsor · 2025-05-16

Adjudicator

Elle Venhola

Dispute

Illegal Act, Substantial Interference

Notice

Illegal drug activity (N6)

Landlord

2783211 ONTARIO LIMITED

Tenant

R.M.L.

Landlord rep

A. Hu, A. Vicencio

Tenant rep

Muhammed Malik

What happened

The corporate Landlord applied to terminate the tenancy and evict the Tenant based on allegations of illegal drug activity and interference with the Landlord's reasonable enjoyment. However, the Tenant raised a preliminary motion to dismiss, arguing that the Landlord no longer had standing as the property had been taken over by a mortgagee (Bank of Montreal) following a mortgage default. A Notice of Attornment was served to the Tenant in January 2025, effectively making the bank the deemed landlord under the Mortgages Act before the eviction notice was served.

The ruling

The application is dismissed. The corporate Landlord failed to establish it had the legal standing to pursue the eviction after defaulting on its mortgage and the Bank of Montreal taking possession of the property. The application also suffered from significant procedural defects, including being unsigned and failing to file mandatory service documentation.