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ICSC Legal Database - CasesMonday, February 22, 1999 05:01 PM

Case Index:
00087

Citation:
3072291 Canada Inc. v. 2970-2404 Quebec Inc., J.E. 97-2087 (Superior Court), appeal rejected.

Issue:
A landlord sued to collect arrears of rent, some of which the tenant was contesting. The landlord petitioned the

court to order the tenant to deposit the rent into court as a safeguard measure. The court stated that it had wide

 discretion in issuing a safeguard ordinance, which has as its objective the protection and safeguard of the rights

 of the parties. The criteria used are the same as those for an interlocutory injunction. In this case, the conduct

of the tenant appeared to be abusive, as it continued to occupy the premises without paying rent. The tenant

would suffer no prejudice if the rent was deposited into court. However, if the order was not granted, and the

tenant ultimately loses the lawsuit, the landlord may have considerable collection problems. Thus, the order was

 granted.

Facts:

Holding:

Publication:
Legal Update

Date:
Spring 1998

Classification 1:
Landlord and Tenant

Classification 2:

Classification 3:

00087 - Legal Update - Spring 1998