Gold v Cummings
Tenant wins · Toronto · 2024-02-05
- Adjudicator
- Fabio Quattrociocchi
- Dispute
- Demolition
- Notice
- Termination for Demolition (N13)
- Landlord
- R.S.G.
- Tenant
- O.C.
- Tenant rep
- Joseph Behar
What happened
Landlord applied for an order to terminate the tenancy and evict the Tenant because the Landlord requires possession of the rental unit in order to demolish the unit.
The ruling
The Landlord's application is dismissed. The Board found that the applicant (Rhonda Gold) was not the lawful landlord of the rental unit at the time the notice of termination was served or the application was filed, as the Mortgagee (2724582 Ontario Inc.) had become the mortgagee in possession of the rental property pursuant to section 47 of the Mortgages Act.