Second Real Properties Limited v. S&P Data Corporation
SECOND REAL PROPERTIES LIMITED
Law Firm / Organization
SimpsonWigle Law LLP
Lawyer(s)

Maryam Samani

S&P DATA CORPORATION
Law Firm / Organization
Teplitsky LLP
Lawyer(s)

Catherine E. Allen

Facts:

  • The plaintiff (landlord) sued the defendant (tenant) for $2.8M in unpaid rent under a Hamilton lease from April 2020 to March 2025.
  • Due to COVID-19, the defendant reduced on-site staff to 20% and sought rent relief, but the plaintiff refused. The plaintiff applied for CECRA for other tenants but excluded the defendant, allegedly due to a lack of required documents.
  • The defendant claimed they were not properly notified about the CECRA application deadline.
  • The plaintiff locked the defendant out of the premises on December 16, 2020, allegedly violating the Protect, Support and Recover from COVID-19 Act, which restricted evictions for landlords eligible for CECRA.

Issues:

  1. The plaintiff sought summary judgment, claiming no genuine issues required trial. The defendant raised issues of bad faith, wrongful eviction, and failure to notify about CECRA.
  2. The defendant requested production of the CECRA application and answers to specific cross-examination questions on critical facts.

Court’s Decision:

  • The plaintiff was ordered to:
    • Answer questions about disputed facts raised in the defendant’s letter.
    • Provide a redacted CECRA application with a summary of redacted information.
    • Clarify its understanding of eviction laws during the termination.
  • These disclosures were necessary to assess good faith and determine if a trial was required.

Outcome:

  • The court found genuine issues requiring trial. Costs submissions are due January 20 and February 3, 2025.

Successful Party: The case is ongoing, and no final decision on the merits or a monetary award has been made yet.

Superior Court of Justice - Ontario
CV-20-74788
Civil litigation