What is the test for an actionable claim against a landlord who has interfered in the course of a commercial tenancy?
Ontario, Canada
The following excerpt is from 2613787 Ontario Inc. v. Comlekcier et al. and Comlekcier v. 2613787 Ontario Inc. et al., 2022 ONSC 659 (CanLII):
In order to be actionable, a tenant must establish that the landlord’s interference was “grave and permanent” and render the premises substantially unusable for the purposes for which it was leased (Stearman v. Powers, 2014 BCCA 206, 61 B.C.L.R. (5th) 261 at paras. 18-19).
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