The alleged spoken promise is unenforceable due to lack of corroboration and written confirmation
The Ontario Superior Court ruled that an 85-year-old woman must vacate a Toronto condominium and pay occupation rent, rejecting her claim of a verbal agreement for lifelong rent-free residency.
The dispute arose after 85-year-old Ionie Officer’s son, Charles, died in December 2023. Officer, who relied on a verbal promise allegedly made by her late son to live rent-free in the condominium for life, sought relief under Ontario’s Succession Law Reform Act (SLRA).
Charles died intestate at age 48, leaving his three-year-old son as his sole heir. Ownership of the Toronto condominium passed to the child’s mother, Alice Snaden, by right of survivorship.
Officer moved into the condominium in December 2021, stating that her son permitted her to live there rent-free indefinitely. She paid monthly hydro costs but contributed no rent. Snaden contended there was no such agreement, arguing Officer’s claim lacked legal standing.
Snaden attempted to resolve the matter through letters and offers of mediation. However, Officer did not respond and continued occupying the condominium without paying rent. In June 2024, Officer sought a court order to prevent her eviction, asserting dependency under the SLRA and citing her physical disability and fixed income of $2,098 per month.
The Superior Court ruled that Officer’s claim of a verbal promise was unsupported. The court noted that evidence presented by Officer was inadmissible under s. 13 of the Evidence Act as it lacked corroboration. The court noted that even if such a promise had been made, it would not be enforceable due to the absence of written confirmation or consideration.
The court acknowledged Officer’s financial hardship but concluded that the respondent, Snaden, was entitled to possession of the property. The court emphasized that the deceased’s financial constraints made it improbable he intended to create a lifelong obligation without documentation.
The court granted Snaden’s request for occupation rent, setting the monthly rate at $2,200 based on market rental value. Officer is required to pay this amount from July 1, 2024, until she vacates the property. The court also ordered Officer to leave the condominium by February 2025 and issued a writ of possession. Officer must also leave behind personal property belonging to Snaden.
