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Distress - Red Flags and Red Tape

Mar 5, 1999 | Article 

Written by J.E. Dennis Daoust
Canadian Bar Association (Ontario), The Abstract Page, Real Property Section Newsletter

A landlord can walk into (or send a bailiff into) a non-residential tenant's premises who is in arrears of rent and by a simple statement "I do hereby distrain" seize possession of sufficient chattels to satisfy the arrears and costs of distress. It is an ancient common law remedy, that has been confirmed, expanded, and modified in the Commercial Tenancies Act (the "Act"). 

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