Cases
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Co-Tenancies

The law relating to residential co-tenants is not clear, particularly where one tenant wishes to vacate a rental unit, and other tenants wish to remain. ACTO has developed a legal framework for analysing co-tenancy situations, specifically that the legal relationship between co-tenants and landlords is properly viewed as one in which each individual co-tenant has his or her own separate contract with the landlord. This approach is consistent with the underlying principles and polices of the Tenant Protection Act.

ACTO intervened as friend of the court in the case of 1162994 Ontario Inc v. Bakker et al at the Ontario Court of Appeal to advocate this position. The court declined to deal with the issues raised by ACTO although the decision did acknowledge that there was a lack of clarity in the current legislation with respect to the issues raised by ACTO. ACTO continues to advocate this position before the courts and the ORHT, and in the law reform process.