Matthew Lee

The court dismissed two actions by will beneficiaries against the drafting lawyer for negligence, holding that the claims were statute-barred by the 15-year ultimate limitation period in section 15(2) of the Limitations Act, 2002.

The court found that the limitation period began to run from the date of the negligent drafting, not the testator’s death, and that no statutory or common law exception applied.

The court also addressed the application of the Trustee Act and concluded that the two-year limitation period for estate claims did not revive or extend the beneficiaries’ claims.

The Toronto Community Housing Corporation (TCHC) applied for an order requiring the respondent tenant, Bryant Didier, to vacate a rental unit (Unit B3) and for related relief.

The court determined that Unit B3 was a commercial tenancy governed by the Commercial Tenancies Act, not the Residential Tenancies Act, as previously affirmed by the Landlord and Tenant Board and the Divisional Court.

The TCHC had served valid Notices to Quit, and the tenant's subsequent "Agreement to Vacate" was found to be valid and not entered into under duress.

The court also found that the TCHC's acceptance of rent payments after the termination date did not create a new tenancy due to a lack of mutual intent.

The application for possession was granted, and the tenant was ordered to pay costs.