2132135 Ontario Limited v. Amze Holdings Limited
2132135 Ontario Limited (o/a Jot Truckline)
Law Firm / Organization
Miller Thomson LLP
Amze Holdings Limited
Law Firm / Organization
Unrepresented
1000599184 Ontario Inc.
Law Firm / Organization
Milosevic & Associates
Lawyer(s)

Charles Lun

Key Facts

  • Jot Truckline leased a commercial property for truck parking and repair. In August 2023, Amze sold the property to 184.
  • Disputes arose over unpaid rent, unauthorized property use, and zoning violations.
  • Tensions escalated following a violent robbery in October 2024, involving individuals allegedly connected to 184.
  • Jot sought an urgent injunction to regain exclusive possession of the property.

Decision Highlights

  1. Injunction Test Applied (RJR-MacDonald Inc. standard):

    • Serious Issue to Be Tried: The court acknowledged Jot's claim was not frivolous or vexatious.
    • Irreparable Harm: Jot suffered harm, including loss of business reputation, inability to collect rent, and interference with property use.
    • Balance of Convenience: Favored Jot, as 184's actions caused significant disruption.
  2. Key Findings:

    • 184 had no valid basis to remain on the property.
    • Evidence suggested that Jot’s right to quiet enjoyment was violated, including alleged involvement of 184's representatives in the robbery.
    • The court found no credible defenses raised by 184.
  3. Court Orders:

    • 184 and its affiliates must vacate the property by December 31, 2024.
    • Jot granted exclusive possession, with enforcement support from police if necessary.
    • Costs reserved for trial.
    • No specific monetary damages were awarded.
Superior Court of Justice - Ontario
CV-21-4113
Real estate
Applicant