For example, part of the so-called arrears was an unpaid water bill from the previous year in the amount of $240.41 that the respondent had never forwarded to the applicant. The court determined that although the applicant owed some of the rental arrears, those amounts were the result of the respondent’s delinquency or billing errors. Thus, the respondent is forbidden from terminating the lease or re-entering the premises without a court order. The Superior Court nullified the default notice.

It argued that it was not in default of the lease, and the respondent fabricated supposed default instances to evict the applicant from the premises. The applicant then sought an injunction with the Superior Court. A month later, the respondent delivered a lease termination notice. In February 2022, the respondent sent a default notice to the applicant and required payment of $45,057.19 in arrears within 30 days. The respondent, an affiliate of NYX Capital Corp., was assigned the landlord’s interest in the lease as part of the acquisition. acquired the building containing the premises. The lease will expire in 2023 with a potential five-year extension.

The applicant runs a retail business from the leased premises located at 3200 Yonge Street in Toronto. NYX Yonge Inc., 2022 ONSC 4795, a commercial lease was entered between Maria Messina as landlord and the applicant tenant. The Ontario Superior Court of Justice ruled that a commercial tenant cannot be evicted from the leased premises for the failure of its landlord’s assignee to prove default in payment obligations under the lease contract.

Notice of default example