What is the test for the owner or occupier of a residential unit where the occupant has been found to have breached the terms of an eviction notice?
Ontario, Canada
The following excerpt is from D’Amico v. Galati Supermarkets (Finch) Ltd., 2002 CanLII 34112 (ON SC):
As was pointed out in Waldick v. Malcolm 1991 25 S.C.R. 456, a great deal will depend on the circumstances of each case. The owner or occupier must exercise “…. such care as in all the circumstances of the case is reasonable”.
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