Toronto Landlord & Tenant Litigation Lawyer
Representing landlords and tenants in residential and commercial lease disputes across Ontario.
By Paul Starkman & Calvin Zhang | Starkman & Zhang Lawyers | 30+ years litigation experience
When a landlord-tenant dispute involves claims exceeding the Landlord and Tenant Board’s $35,000 monetary cap, or requires remedies the LTB cannot grant—such as injunctions, specific performance, or substantial damages—the Ontario Superior Court of Justice has jurisdiction. Our team has acted for both landlords and tenants in Superior Court proceedings, including in Ji Zhou v. Hashem Nia, 2023 ONSC 5466, where Calvin Zhang pursued rent arrears and property damage claims, and in Ardabili v. Zak, 2025 ONSC 176, involving lease obligation enforcement.
Residential Eviction & Rent Arrears
Under the Residential Tenancies Act, 2006, landlords must follow a strict procedural path to terminate a tenancy and obtain an eviction order from the Landlord and Tenant Board. Whether you are a landlord pursuing an L1 application for rent arrears or an L2 application for cause, or a tenant defending against an eviction, our team ensures that proper notice requirements are met, that all available defences and remedies are raised, and that the matter is resolved as efficiently as possible.
We also represent landlords in situations where the Board's monetary jurisdiction is insufficient — particularly where arrears exceed the Small Claims Court limit or where damages claims require proceedings in the Superior Court of Justice.
Commercial Lease Disputes
Commercial tenancies in Ontario are not governed by the Residential Tenancies Act and are instead subject to common law principles and the terms of the lease itself. This means that commercial landlords have remedies — including distress and re-entry — that are not available in residential tenancies, but they must exercise these remedies carefully to avoid claims for wrongful termination or conversion.
We represent commercial landlords and tenants in disputes over lease interpretation, breach of covenant, assignment and subletting, rent escalation, operating cost pass-throughs, and the enforcement of demolition and redevelopment clauses. Our experience includes acting in complex multi-tenant retail and office lease disputes across the GTA.
Tenant Rights & Maintenance Obligations
Tenants in Ontario have significant statutory protections, including the right to a habitable premises, protection against illegal rent increases, and remedies for landlord harassment and interference with reasonable enjoyment. When landlords fail to maintain a rental property — particularly where health and safety issues arise — tenants may seek abatement of rent, compliance orders, and damages at the Board or in court.
We also represent tenants who have been subjected to bad-faith eviction applications, including N12 (personal use) and N13 (demolition) notices that are used improperly to circumvent rent control protections. Our team vigorously defends tenants' rights while pursuing all available remedies.
Above-Board Limit & Superior Court Claims
When landlord-tenant disputes involve claims that exceed the Landlord and Tenant Board's monetary jurisdiction — or where the dispute raises issues beyond the Board's statutory authority — proceedings must be commenced in the Ontario Superior Court of Justice. This is particularly common in cases involving significant property damage, personal injury claims arising from premises liability, and disputes over commercial lease guarantees.
Our firm has extensive experience litigating landlord-tenant matters in the Superior Court, including urgent applications for injunctive relief to prevent illegal lockouts and motions for interim preservation orders.
Representative Matters
Selected residential landlord-and-tenant matters our firm has handled in Ontario. Each case study describes a complete strategic decision path — including the LTB-to-Superior-Court pivot under RTA s. 207(2) where arrears exceeded LTB jurisdiction.
Cao v. Iskander (Rent Arrears), 2025
$118,995 summary judgment + 7-day eviction + $13,315 costs against tenants who had unilaterally claimed $38,128 in repair-setoff — only $1,536 of which was proven by receipts.
Ji Zhou v. Hashem Nia (Rent Arrears), 2023 ONSC 5466
$89,773 summary judgment + writ of possession + $13,918 costs after withdrawing a stalled LTB application and pivoting to Superior Court under RTA s. 207(2). Three jurisdictional defences rejected.
Ardabili v. Zak (Landlord-Tenant), 2025
$50,441 summary judgment for the landlord plus $3,500 costs — rent-arrears recovery beyond the LTB jurisdictional cap.
Central Park Lodges v. Iqbal (Pay-In Appeal), 2002
Tenant appeal stayed enforcement — pay-in conditions plus ex parte Registrar enforcement put the appeal at risk of automatic dismissal.
Landlord & Tenant Articles
Rent Arrears Over $50,000
Bypassing the LTB cap and recovering large arrears at the Superior Court — with summary judgment strategy.
Civil Litigation Timeline in Ontario
From Statement of Claim through enforcement of a possession or money judgment.
Litigation Lawyer Fees Explained
Cost models for landlord-side litigation and Ontario’s loser-pays costs rule.
Frequently Asked Questions
My tenant owes more than $50,000 in rent. Can the LTB handle this?
No. The Landlord and Tenant Board’s monetary jurisdiction is capped at $50,000 (raised from $35,000 effective October 1, 2025). For larger claims, you must sue in the Ontario Superior Court of Justice, which has unlimited monetary jurisdiction and can award the full amount owed plus costs.
Can I evict a commercial tenant who isn’t paying rent?
Yes. Commercial tenancies are governed by the Commercial Tenancies Act, not the Residential Tenancies Act. A commercial landlord may exercise re-entry and forfeiture for material lease breaches, though the tenant may apply for relief from forfeiture.
What damages can a landlord recover beyond unpaid rent?
Beyond rent arrears, landlords can claim property damage, costs of repair, lost rental income during vacancy, legal fees, and interest. In Superior Court, the range of available remedies is broader than what the LTB can provide.
How long does a landlord-tenant lawsuit take in Superior Court?
Timelines vary by complexity. Summary judgment motions can resolve straightforward rent arrears claims in 6-12 months. More complex disputes involving counterclaims or property damage may take 1-2 years. Contact us for realistic time expectations.
Rent Arrears Over $50,000? The LTB Can’t Help
If your landlord-tenant dispute exceeds the Board’s monetary jurisdiction or you need a remedy the LTB cannot provide, you need a litigation lawyer in Superior Court. Contact us to discuss whether your claim should be in court.
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