Christopher Sansom

The self-represented plaintiff brought an action against the Regional Municipality of Peel and the Crown regarding the administration of his Ontario Works and ODSP benefits.

The defendants brought motions to strike the amended statement of claim for disclosing no reasonable cause of action.

The court found that the plaintiff's complaints should have been pursued through the statutory appeal routes under the respective social assistance acts and the Human Rights Code, rather than by way of a civil action.

Furthermore, the pleadings contained only bald allegations without supporting material facts.

The motions were granted, the amended statement of claim was struck, and the action was dismissed without costs.

A tenant applied for repayment of $7,500 characterized as a security deposit and sought reimbursement of prepaid rent totaling $90,000 for a one‑year residential lease.

The court considered whether the Residential Tenancies Act prohibits demanding or accepting prepaid rent and whether a tenant may voluntarily prepay rent.

The court held that while ss.105 and 106 of the Act prohibit landlords from demanding prepaid rent or unlawful security deposits, they do not prohibit a tenant from voluntarily offering prepaid rent nor prevent a landlord from accepting it.

Based on the evidence, including communications between the parties’ real estate agents, the court found the tenant voluntarily offered to prepay the annual rent.

However, the $7,500 security deposit for damages contravened the Act and had to be returned.