Luccar Investments Inc. v. Dukaj

Split/Other wins · Toronto · 2021-11-05

Adjudicator

W.D. Black J.

Dispute

Breach of Conditions, Non-payment of Rent

Amount

>$20K

Landlord

Luccar Investments Inc.

Tenant

I.D., D.D.

Landlord rep

Alexi N. Wood

Tenant rep

Emraan Dharsi

What happened

The landlord applied for payment of rent arrears and termination of the lease due to non-payment of rent and breach of lease conditions. The tenants withheld rent due to delays in occupancy caused by Fire Code violations and disputed the construction of a fence.

The ruling

The court ordered the tenants to pay outstanding arrears minus a 4-month abatement within 45 days and to immediately resume regular lease payments. The parties were ordered to cooperate on modifying the fence design. Forfeiture of the lease was not ordered at this time.