24. In any event, if the police officer’s opinion was directed at the parties’ common law rights, I disagree with that opinion. There is nothing in the lease to permit termination on either no notice or one day’s notice on a weekend. The parties agree that this was a rooming house that was not subject to the Residential Tenancies Act, 2006, because of facilities being shared with the owner. Even so, at common law, in my view reasonable notice of termination would be required. Equally, at common law there is a duty of good faith in the performance of a contract: Bhasin v. Hrynew, [2014] S.C.C. 71. In the circumstances of this matter, I find that giving notice on a Saturday and taking the tenants’ keys that very day, was a violation of those obligations. The landlord was not within her rights to act as she did.
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