Duhaime's Law Dictionary


Duplex Definition:

A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other.

A house which has separate but complete facilities to accommodate two families as either adjacent units or one on top of the other.

In Ilford Parks, Justice Swinfen Eady described a "duplex house" as "one house superimposed on another from which it is detached horizontally, while in the ordinary case of semi-detached houses the division is vertical".

In Re Toronto General Trusts, Justice Middleton of the appellate Division of the Supreme Court of Ontario wrote:

" ... a duplex house is a residence (and a) dwelling house but I think it is clearly not a detached residence. It is two attached residences."

In Toronto & Gillies, Justice Kellock of the Supreme Court of Canada wrote of:

"... a duplex ... a building of two floors in separate occupation with separate entrances. Thus a duplex normally accommodates two families in one space which would otherwise be occupied by one family in one private residence."

REFERENCES:

  • Ilford Parks Estates Ltd. v Jacobs, [1903] 2 Ch. 522
  • Re Toronto General Trusts, 62 OLR 593 (1928)
  • Toronto and Gillies v William Unser Ltd., [1954] 3 DLR 641

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