Properties in Dispute: 3096 and 3102 Rosegrove Road, purchased by the applicant, 2248169 Ontario Inc. ("224") represented by Brian Hayes, in 2010 with no registered leases.
After purchasing the properties, 224 demanded documentation of the respondents' occupancy rights. The respondents, Ruth Gamble and the O’Neil family, cited longstanding occupancy based on unregistered 99-year leases originating in 1944.
Key Issues
Leases and Occupancy Rights:
The O’Neils and Gamble claim valid leases or lease assignments but provide conflicting or incomplete documentation.
224 contends that no valid leases exist and that respondents are "squatters."
Legal Notice of Leases:
Under the Land Titles Act, 224 asserts that as no leases were registered, it took the property free of encumbrances.
Respondents argue that the applicant was aware or willfully blind to the leases' existence due to the visible occupation and cottages.
Court Findings
Material disputes exist regarding:
The validity and enforceability of the leases.
Whether the applicant had actual or constructive notice of the leases at purchase.
The court found that the case requires viva voce (oral) evidence and cross-examination to resolve issues of credibility, particularly regarding the leases' history and the applicant's knowledge.
The proceedings should transition to an action, not an application, due to the complexity and significant implications for the respondents, particularly Ruth Gamble, a senior citizen with longstanding residence.
Outcome
The application was converted to an action.
The total monetary award or costs, if any, has not yet been determined.
No party was definitively successful at this stage.
