Legal Blog

Distress & Termination

Bonaventura v. 1603752 Ontario Inc. 2020 Ont SCJ

Another case of a landlord changing locks and, at the same time, refusing the tenant the ability to obtain its goods and chattels by claiming distress. Changing locks affected a termination of the lease and one cannot distrain after the lease is terminated. Landlord forced tenant to bring a motion to obtain its chattels; landlord ultimately agreed to that order and the judge ordered substantial indemnity costs against landlord.

Written by Jonathan Speigel, the founding partner of Speigel Nichols Fox LLP, leads the litigation and construction practices.