A Helpful Introductory Guide to Understanding Requirements Regarding Proper Notice When Terminating Commercial Tenancy Relations
The Commercial Tenancies Act, R.S.O. 1990, c. L.7, prescribes the requirements for termination of a commercial tenancy. Matters involving commercial tenancy fall outside the jurisdiction of the LTB and must be brought in the Superior Court of Ontario (if the matter involves less than $25,000 a licensed paralegal can provide representation in the Small Claims Court). Confusingly, where a dispute exists between residential landlords and former tenants, certain matters must still proceed within the LTB while certain other matters must proceed in the Small Claims Court. Frequently, where multiple issues arise, some issues must proceed at the LTB and other issues in the Small Claims Court. Failure to bring issues to the proper forum can result in a dismissal of proceedings and possibly with a loss of right to redo or restart proceedings in the proper fashion and within the correct forum.