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Full-Text Articles in Law
Automatic Stays And Administrative Expenses: Rights And Remedies Available To Landlords And Tenants In Bankruptcy Proceedings, Judge John M. Tyson
Automatic Stays And Administrative Expenses: Rights And Remedies Available To Landlords And Tenants In Bankruptcy Proceedings, Judge John M. Tyson
Campbell Law Review
This Article will address the following issues: (1) the rights acquired by and the consequences of a landlord or tenant filing for bankruptcy; (2) the effect of the automatic stay; (3) lifting the automatic stay and regaining possession by a landlord; (4) rent and administrative expense payments during the pendency of bankruptcy proceedings; and (5) the assumption or rejection of the lease.
A Closer Look At Seemingly Pro-Tenant Provisions In The Residential Tenancies Act, Mary Truemner
A Closer Look At Seemingly Pro-Tenant Provisions In The Residential Tenancies Act, Mary Truemner
Journal of Law and Social Policy
Explores how the following legislative changes in Ontario systemically affect the power imbalance between landlords and tenants: (1) the abolishment of the default eviction, (2) the return of orders prohibiting rent increases where the landlord has not properly maintained the rental premises, (3) the deeming of a termination date where the tenant has not provided proper notice, and (4) additions to defences to eviction applications.
"Deference" Versus "Security Of Tenure": Eviction Of Residents Of Subsidized Housing Co-Operatives At The Superior Court Of Justice For Ontario, 1992-2009, Jeff Schlemmer
Journal of Law and Social Policy
Explores the different levels of protection against arbitrary eviction for Ontario residents of subsidized government housing and those living in a housing cooperative or another type of subsidized housing. The difference comes from the evolution of the case law over the last decade, where all evictions from residential tenancies, except housing cooperatives, have been removed from the jurisdiction of courts. This is based on the theory that cooperatives function as "democracies" and residents who accept subsidized housing in a housing cooperative, voluntarily lose the legislative rights that protects all other tenants. This area of law has become unsustainable. The court …