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ARTICLE · 19 DECEMBER 2018

Agricultural Law Netletter - Friday, December 7, 2018 - Issue 409

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A Justice of the Ontario Superior Court has concluded that the landlord of a residential property which was also used a farm...

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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* A Justice of the Ontario Superior Court has concluded that the landlord of a residential property which was also used a farm, was liable when mules owned by the tenant escaped the property by pressing against an unlocked gate, and went onto a public highway where one of the mules was struck by a motorcyclist who sustained serious injuries. The Court found the landlord guilty of negligence by relying on the provisions in the Ontario Residential Tenancies Act and the Regulations thereunder which obligate landlords to maintain fences and to keep them structurally sound and free from hazard. The Court distinguished case law limiting a landlord's liability for tenants acts under commercial leases, to which the provisions of the Residential Tenancies Act did not apply. (Youssef v Redi-Mix Limited, CALN/2018-030, [2018] O.J. No. 5658, Ontario Superior Court of Justice)

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