Case information
Consult our database for details on a Supreme Court of Canada case.
39318
Caroline Martin, et al. v. Danielle Mailhot
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-06-11 | Close file on Leave | |
| 2021-06-11 | Correspondence (sent by the Court) to, both parties, Re: certificate of taxation | |
| 2021-06-02 | Certificate of taxation issued to, Erin Durant | |
| 2021-06-02 | Decision on the bill of costs, in the amount of $1,016.20, DeRg | |
| 2021-06-02 | Submission of the bill of costs, DeRg | |
| 2021-04-07 | Bill of costs, (Book Form), Completed on: 2021-05-28, (Printed version due on 2021-04-14) | Danielle Mailhot |
| 2021-01-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-01-15 | Judgment on leave sent to the parties | |
| 2021-01-14 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number C67228, 2020 ONCA 480, dated July 24, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2020-11-30 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-10-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-10-21, (Printed version filed on 2020-10-22) | Caroline Martin |
| 2020-10-14 | Certificate (on limitations to public access), (Letter Form) | Danielle Mailhot |
| 2020-10-14 | Book of authorities, (Book Form), Completed on: 2020-10-14 | Danielle Mailhot |
| 2020-10-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-10-14 | Danielle Mailhot |
| 2020-09-16 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED 09/16/20 | |
| 2020-09-10 | Certificate (on limitations to public access), (Letter Form) | Caroline Martin |
| 2020-09-10 | Application for leave to appeal, (Book Form), Missing: CA Order (rec' 09/21/20), Completed on: 2020-09-23 | Caroline Martin |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Martin, Caroline | Applicant | Active |
| Moskwa, Joey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Mailhot, Danielle | Respondent | Active |
Counsel
Party: Martin, Caroline
Counsel
85 Plymouth Street, Suite 101
Ottawa, Ontario
K1S 3E2
Telephone: (613) 232-5773
FAX: (613) 232-3509
Email: prsimon@viceandhunter.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Moskwa, Joey
Counsel
85 Plymouth Street, Suite 101
Ottawa, Ontario
K1S 3E2
Telephone: (613) 232-5773
FAX: (613) 232-3509
Email: prsimon@viceandhunter.ca
Agent
100 - 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 101
FAX: (613) 695-8580
Email: emeehan@supremeadvocacy.ca
Party: Mailhot, Danielle
Counsel
Erin Durant
331 McGill Street
Hawkesbury, Ontario
K6A 1P9
Telephone: (613) 632-4434
FAX: (613) 632-9682
Email: benoitricher@bellnet.ca
Agent
1300 - 100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3512
FAX: (613) 230-8842
Email: edurant@blg.com
Summary
Keywords
Property — Commercial tenancies — Forfeiture — Notice — Whether a demand for monetary compensation is a mandatory requirement in a notice of default made by a landlord pursuant to s. 19(2) of the Commercial Tenancies Act of Ontario — Commercial Tenancies Act, R.S.O. 1990, c. L.7
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
In August 2017, Ms. Martin and Mr. Moskwa (“tenants”) entered into a commercial lease agreement with Ms. Mailhot (“landlord”) for the purpose of operating a barber shop and tattoo parlour. The lease stipulated the monthly rent and contained a clause requiring the tenants to maintain comprehensive general liability insurance and direct-damage insurance and to provide copies of all policies or certificates of insurance and renewals to the landlord. On September 19, 2017, the landlord served notice on the tenants that they were in breach of the lease for failing to pay the required rent and for failing to provide her with copies of all policies and certificates of insurance. The notice advised that the lease would be terminated in the event that the various breaches were not remedied, but the notice did not include a demand for monetary compensation. On September 27, 2017, the tenants paid the rent to the landlord. On October 3, 2017, the landlord served the tenants with a notice of termination as a result of their failure to provide copies of the insurance policies and certificates. The landlord subsequently re-entered the premises. On October 23, 2017, the tenants brought an application for a declaration that the landlord breached the lease through wrongful termination and illegal re entry.
The application judge granted the tenants’ application, finding that the notice of breach was deficient as it was not in compliance with s. 19(2) of the Commercial Tenancies Act. The application judge found that the landlord’s re entry had therefore been unlawful. The Court of Appeal allowed the appeal and found that the landlord’s notice was compliant with s. 19(2) of the Commercial Tenancies Act.
Lower court rulings
Ontario Superior Court of Justice
2019 ONSC 3356, CV-17-19-0000
See file.
Court of Appeal for Ontario
2020 ONCA 480, C67228
Appeal allowed; notice valid and compliant with s. 19(2) of the Commercial Tenancies Act
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available