The applicant commercial tenant sought a mandatory interlocutory injunction to regain possession of leased premises after being locked out by the respondent landlord for unpaid rent.
The landlord argued the tenant was improperly receiving federal pandemic rent subsidies while failing to pay full rent, invoking the doctrine of ex turpi causa.
The court granted the injunction, finding the landlord violated the clear statutory moratorium on commercial evictions under the Commercial Tenancies Act, and ordered the landlord to restore possession to the tenant upon payment of a specified sum towards arrears.
