Is a landlord permitted to rely on the statutorally-created invalidation of that landlord's own lease proviso?
Ontario, Canada
The following excerpt is from 1086891 Ontario Inc. v. Barber, 2007 CanLII 18734 (ON SCDC):
Killeen J. came to a similar conclusion in Pinheiro v. Bowes, [1994] O.J. No. 115. He expressed “some discomfiture” at permitting a landlord to rely on the statutorily-created invalidation of that landlord’s own lease proviso, but concluded his decision as follows:
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