Jack Greenberg

The applicant, a former tenant, filed a human rights application alleging discrimination in housing on the basis of sex, age, and reprisal.

The applicant claimed that the landlord failed to address a culture of feuding complaints and disparaging comments between tenants, including noise disputes.

The Tribunal dismissed the application, finding that the core issues were landlord and tenant matters regarding the quiet enjoyment of the premises, not discrimination under the Code.

Furthermore, the only comment allegedly attributable to the landlord's superintendent was out of time.

Appeal concerning whether a purchaser of residential rental premises from a mortgagee exercising a power of sale takes title subject to an existing tenancy agreement.

The court held that ss. 46 and 47 of the Mortgages Act were enacted to protect tenants from disruption caused by mortgage default and apply to a purchaser who obtains title through a power of sale transaction.

As a deemed landlord, the purchaser was bound by the tenant's lease, and those protections prevailed over any conflicting effect of s. 44 of the Land Titles Act.

The appeal was allowed, the Divisional Court order was set aside, and the matter was remitted for determination of the remaining grounds of appeal.