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:
- 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.
- 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.
