jswizzle3737/ontario_laws_and_regs huggingface dataset:
55 (1) A distrainor who takes an excessive distress, or takes a distress wrongfully, is liable in damages to the owner of the goods or chattels distrained.  R.S.O. 1990, c. L.7, s. 55 (1). Where no rent due (2) Where a distress and sale are made for rent pretended to be in arrear and due when, in truth, no rent is in arrear or due to the person distraining, or to the person in whose name or right such distress is taken, the owner of the goods or chattels distrained and sold, the owner’s executors or administrators are entitled, by action to be brought against the person so distraining, to recover full satisfaction for the damage sustained by the distress and sale.  R.S.O. 1990, c. L.7, s. 55 (2).
56 (1) Goods or chattels lying or being in or upon any land leased for life or lives, or term of years, at will, or otherwise are not liable to be taken by virtue of any execution issued out of the Superior Court of Justice on any pretence whatsoever, unless the party at whose suit the execution is sued out before the removal of such goods or chattels from the premises by virtue of such execution pays to the landlord or the landlord’s bailiff all money due for rent of the premises at the time of the taking of such goods or chattels by virtue of such execution if the arrears of rent do not amount to more than one year’s rent.  R.S.O. 1990, c. L.7, s. 56 (1); 2006, c. 19, Sched. C, s. 1 (1). When execution may be proceeded with (2) If such arrears exceed one year’s rent, the party at whose suit such execution is sued out, on paying the landlord or the landlord’s bailiff one year’s rent, may proceed to execute the judgment.  R.S.O. 1990, c. L.7, s. 56 (2). What to be paid to execution creditor (3) The sheriff or other officer shall levy and pay to the execution creditor as well the money so paid for rent as the execution money.  R.S.O. 1990, c. L.7, s. 56 (3). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
57 Where all or any part of the standing crops of the tenant of any land is seized and sold by a sheriff or other officer by virtue of a writ of execution, such crops, so long as they remain on the land in default of sufficient distress of the goods and chattels of the tenant, are liable for the rent that may accrue and become due to the landlord after any such seizure and sale, and to the remedies by distress for recovery of such rent, and that despite any bargain and sale or assignment that may have been made or executed of such crops by any such sheriff or other officer.  R.S.O. 1990, c. L.7, s. 57.
58 Where a tenant for any term for life, lives or years, or other person who comes into possession of any land, by, from, or under, or by collusion with such tenant, wilfully holds over the land or any part thereof after the determination of the term, and after notice in writing given for delivering the possession thereof by the tenant’s landlord or the person to whom the remainder or reversion of the land belongs or the person’s agent thereunto lawfully authorized, the tenant or other person so holding over shall, for and during the time the tenant or the other person so holds over or keeps the person entitled out of possession, pay to such person or the person’s assigns at the rate of double the yearly value of the land so detained for so long as it is detained, to be recovered by action in any court of competent jurisdiction, against the recovering of which penalty there is no relief.  R.S.O. 1990, c. L.7, s. 58; 1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
59 Where a tenant gives notice of an intention to quit the premises held by the tenant at a time mentioned in the notice and does not accordingly deliver up the possession thereof at the time mentioned in the notice, the tenant shall from thenceforward pay to the landlord double the rent or sum that the tenant should otherwise have paid, to be levied, sued for and recovered at the same times and in the same manner as the single rent or sum before the giving such notice could be levied, sued for or recovered, and such double rent or sum shall continue to be paid while the tenant continues in possession.  R.S.O. 1990, c. L.7, s. 59.
60 The executors or administrators of a landlord may distrain for the arrears of rent due to the landlord in the landlord’s lifetime, and may sue for the same in like manner as the landlord might have done if living, and the powers and provisions contained in this Act relating to distresses for rent are applicable to the distresses so made.  R.S.O. 1990, c. L.7, s. 60.
61 Every attornment of a tenant of any land to a stranger claiming title to the estate of the tenant’s landlord is void, and the possession of the tenant’s landlord shall not be deemed to be changed, altered or affected by any such attornment; but nothing herein vacates or affects any attornment made pursuant to and in consequence of an order of a court, or made with the privity and consent of the landlord, or to any mortgagee after the mortgage has become forfeited.  R.S.O. 1990, c. L.7, s. 61.
62 (1) Every grant or conveyance of any rent or of the reversion or remainder of any land is good and effectual without any attornment of the tenant of the land out of which such rent issues, or of the particular tenant upon whose particular estate any such reversion or remainder is expectant or depending.  R.S.O. 1990, c. L.7, s. 62 (1). Tenant not to be prejudiced (2) A tenant shall not be prejudiced or damaged by the payment of rent to any grantor or by breach of any condition for non-payment of rent before notice to the tenant of such grant by the grantee.  R.S.O. 1990, c. L.7, s. 62 (2).
63 (1) Where a lease is duly surrendered in order to be renewed and a new lease is made and executed by the chief landlord, the new lease is, without a surrender of all or any of the under-leases, as good and valid as if all the under-leases derived thereout had been likewise surrendered at or before the time of taking of such new lease.  R.S.O. 1990, c. L.7, s. 63 (1). Rights and remedies of parties thereunder (2) Every person in whom any estate for life, or lives, or for years, is from time to time vested by virtue of such new lease is entitled to the rents, covenants and duties, and has like remedy for recovery thereof, and the under-lessees shall hold and enjoy the land in the respective under-leases comprised as if the original lease had been kept on foot and continued, and the chief landlord has and is entitled to such and the same remedy by distress or entry in and upon the land comprised in any such under-lease for the rents and duties reserved by the new lease, so far as they do not exceed the rents and duties reserved in the lease out of which the under-lease was derived, as the chief landlord would have had if such former lease had been still continued or as the chief landlord would have had if the respective under-leases had been renewed under the new principal lease.  R.S.O. 1990, c. L.7, s. 63 (2).
64 (1) Where a person who, in pursuance of any covenant or agreement in writing, if in Ontario and amenable to the process of the Superior Court of Justice, might be compelled to execute any lease by way of renewal, is not in Ontario or is not amenable to the process of the court, the court, upon the application of any person entitled to such renewal, whether such person is or is not under any disability, may direct such person as the court thinks proper to appoint for that purpose to accept a surrender of the subsisting lease and to make and execute a new lease in the name of the person who ought to have renewed it.  R.S.O. 1990, c. L.7, s. 64 (1); 2006, c. 19, Sched. C, s. 1 (1). Validity of such new lease (2) A new lease executed by the person so appointed is as valid as if the person in whose name it was made was alive and not under any disability and had executed it in person.  R.S.O. 1990, c. L.7, s. 64 (2). Discretion of court to direct action to be brought (3) In every such case it is in the discretion of the court to direct an action to be brought to establish the right of the person seeking the renewal, and not to make the order for such new lease unless by the order to be made in such action, or until after it has been entered.  R.S.O. 1990, c. L.7, s. 64 (3). Conditions (4) A renewed lease shall not be executed by virtue of this section in pursuance of any covenant or agreement unless the sum or sums of money, if any, that ought to be paid on such renewal and the things, if any, that ought to be performed in pursuance of such covenant or agreement by the tenant be first paid and performed, and counterparts of every such renewed lease shall be duly executed by the tenant.  R.S.O. 1990, c. L.7, s. 64 (4). Premiums, how to be paid (5) All sums of money that are had, received or paid for, or on account of, the renewal of any lease by any person out of Ontario or not amenable to the process of the Superior Court of Justice, after a deduction of all necessary incidental charges and expenses, shall be paid to such person or in such manner or into the Superior Court of Justice to such account, and be applied and disposed of, as the court directs.  R.S.O. 1990, c. L.7, s. 64 (5); 2006, c. 19, Sched. C, s. 1 (1). Costs (6) The court may order the costs and expenses of and relating to the applications, orders, directions, conveyances and transfers, or any of them, to be paid and raised out of or from the land, or the rents in respect of which they are respectively made, in such manner as the court considers proper.  R.S.O. 1990, c. L.7, s. 64 (6). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 PART II
65 In this Part, “judge” means a judge of the Superior Court of Justice.  R.S.O. 1990, c. L.7, s. 65; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
66 (1) Where goods or chattels are distrained by a landlord for arrears of rent and the tenant disputes the right of the landlord to distrain in respect of the whole or any part of the goods or chattels, or disputes the amount claimed by the landlord, or the tenant claims to set off against the rent a debt that the landlord disputes, the landlord or the tenant may apply to a judge to determine the matters so in dispute, and the judge may hear and determine them in a summary way, and may make such order in the premises as he or she considers just.  R.S.O. 1990, c. L.7, s. 66 (1). Application to judge by landlord or tenant (2) Where the tenant disputes the right of the landlord to distrain in respect of the whole or any part of the goods or chattels, or disputes the amount claimed by the landlord, the landlord or the tenant may, before any distress has been made, apply to a judge to determine the matter so in dispute, and the judge may hear and determine it in a summary way, and may make such order in the premises as he or she considers just.  R.S.O. 1990, c. L.7, s. 66 (2). Where application made, heard and determined (3) An application under this section shall be made, heard and determined in the county or district in which the distress is made.  1993, c. 27, Sched. Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991
67 When notice of such an application has been given to the landlord or tenant, as the case may be, the judge, pending the disposition of it by him or her, may make such order as he or she considers just for the restoration to the tenant of the whole or any part of the goods or chattels distrained, or preventing a distress being made, upon the tenant giving security, by payment into court or otherwise as the judge directs, for the payment of the rent that is found due to the landlord and for the costs of the distress and of the application before the judge and of any appeal from his or her order, or such of them as the tenant may be ordered to pay.  R.S.O. 1990, c. L.7, s. 67.
68 The judge has jurisdiction and authority to determine any question arising upon the application that the Superior Court of Justice has jurisdiction to determine in an action brought in that court.  R.S.O. 1990, c. L.7, s. 68; 2006, c. 19, Sched. C, s. 1 (1). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
69 Where the amount claimed by the landlord does not exceed $100, the decision of the judge is final.  R.S.O. 1990, c. L.7, s. 69.
70 Where the amount claimed by the landlord exceeds $100, an appeal lies from any order of the judge made on an application to him or her under section 66 by which the matters in dispute are determined.  R.S.O. 1990, c. L.7, s. 70.
71 Where an issue is tried, there is the same right to appeal from the judgment as if the judgment had been pronounced in an action.  R.S.O. 1990, c. L.7, s. 71.
72 The costs of the application before the judge shall be on the Small Claims Court scale if the amount claimed by the landlord does not exceed the monetary jurisdiction of the Small Claims Court.  R.S.O. 1990, c. L.7, s. 72.
73 Nothing in this Part takes away or affects any remedy that a tenant may have against the tenant’s landlord or requires a tenant to proceed under this Part instead of by bringing an action, but where the tenant brings an action, the court in which the action is brought, if of opinion that it was unnecessarily brought and that a complete remedy might have been had under this Part, may direct the tenant, although the tenant succeeds, to pay any additional costs occasioned by the tenant’s having brought the action.  R.S.O. 1990, c. L.7, s. 73. PART III
74 (1) Where a tenant after the tenant’s lease or right of occupation, whether created by writing or by parol, has expired or been determined, either by the landlord or by the tenant, by a notice to quit or notice pursuant to a proviso in a lease or agreement in that behalf, or has been determined by any other act whereby a tenancy or right of occupancy may be determined or put an end to, wrongfully refuses or neglects to go out of possession of the land demised to the tenant, or which the tenant has been permitted to occupy, the tenant’s landlord may apply upon affidavit to a judge of the Superior Court of Justice to make the inquiry hereinafter provided for and the application shall be made, heard and determined in the county or district in which the land lies.  R.S.O. 1990, c. L.7, s. 74 (1); 1993, c. 27, Sched.; 2006, c. 19, Sched. C, s. 1 (1). Inquiry and determination (2) The court shall in writing appoint a time and place at which a judge will inquire and determine whether the person complained of was tenant to the complainant for a term or period that has expired or has been determined by a notice to quit or for default in payment of rent or otherwise, and whether the tenant holds the possession against the right of the landlord, and whether the tenant, having no right to continue in possession, wrongfully refuses to go out of possession.  R.S.O. 1990, c. L.7, s. 74 (2). Notice (3) Notice in writing of the time and place appointed, stating briefly the principal facts alleged by the complainant as entitling the complainant to possession, shall be served upon the tenant or left at the tenant’s place of abode at least three days before the day so appointed, if the place appointed is not more than twenty miles from the tenant’s place of abode, and one day in addition for every twenty miles above the first twenty, reckoning any broken number above the first twenty as twenty miles, to which notice shall be annexed a copy of the judge’s appointment and of the affidavit on which it was obtained, and of the documents to be used upon the application.  R.S.O. 1990, c. L.7, s. 74 (3). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
75 Application under this Part shall be styled in English or French, as may be appropriate: In the matter of (giving the name of the party complaining), Landlord, against (giving the name of the party complained against) Tenant. R.S.O. 1990, c. L.7, s. 75. Procedure
76 (1) If, at the time and place appointed, the tenant fails to appear, the judge, if it appears to him or her that the tenant wrongfully holds against the right of the landlord, may order a writ of possession (Form 3) directed to the sheriff of the county or district in which the land lies to be issued commanding him or her forthwith to place the landlord in possession of the land.  R.S.O. 1990, c. L.7, s. 76 (1). In case of appearance (2) If the tenant appears, the judge shall, in a summary manner, hear the parties and their witnesses, and examine into the matter, and, if it appears to the judge that the tenant wrongfully holds against the right of the landlord, he or she may order the issue of the writ.  R.S.O. 1990, c. L.7, s. 76 (2).
77 The judge has the same power to amend or excuse irregularities on an application as he or she would have in an action.  R.S.O. 1990, c. L.7, s. 77.