Alan G. Jones

A commercial tenant applied under s. 20 of the Commercial Tenancies Act for relief from forfeiture after the landlord re‑entered the leased restaurant premises for non‑payment of rent.

The court considered the equitable principles governing relief from forfeiture, including the landlord’s prior acceptance of late rent payments and the absence of notice insisting on strict compliance.

Although the tenant admitted arrears for several months of rent, the court held that persistent late payment did not preclude equitable relief where the landlord could be compensated.

The existence of a pending sale of the property to a purchaser seeking vacant possession was not a sufficient intervening interest to defeat the tenant’s claim.

Relief from forfeiture was granted on conditions requiring payment of arrears, utilities, and agreed costs.

A trustee applied ex parte for an order permitting payment of residual trust funds into court where one charitable beneficiary could not be identified.

The trust instrument referred to a "Leukemia Fund," but the trustee asserted that the precise organization could not be determined.

The court held that paying the funds into court was inappropriate where further investigation into the intended beneficiary had not been undertaken.

The court emphasized the law’s reluctance to allow charitable gifts to fail and directed the trustee to undertake inquiries and, if necessary, propose a cy-près scheme reflecting the settlors’ general charitable intent.

The application was dismissed and the trustee was directed to return with a proposed distribution plan.

The applicant union applied for certification to represent employees of the respondent, an agency assisting individuals with developmental disabilities.

The parties agreed on the bargaining unit description except for the inclusion of four Home Support Workers.

The employer argued these workers were dependent contractors or lacked a community of interest with other staff.

The Board found the Home Support Workers were employees under the Labour Relations Act and shared a sufficient community of interest with the other support workers.

The Board included them in the bargaining unit and directed that a certificate issue to the applicant.