Da Silva v 462226 Ontario Ltd. Cob Inglewood Arms

Tenant wins · Toronto · 2021-10-07

Adjudicator

Nicola Mulima

Dispute

Residential Tenancy Act Application

Landlord

462226 Ontario Ltd. Cob Inglewood Arms

Tenant

J.D.S.

Landlord rep

M. Tchaboshi, Allen Mernick

Tenant rep

B. Jowett

What happened

Tenant applied for a determination of whether the Residential Tenancies Act, 2006 applies to his living accommodation. The Landlord claimed the accommodation is exempt from the Act as it is intended for the travelling or vacationing public. The Tenant argued the accommodation is covered by the Act as it is his sole and primary residence.

The ruling

The Residential Tenancies Act, 2006 applies to the Tenant's living accommodation. The Landlord failed to prove the accommodation is exempt under section 5(a) of the Act. Costs are awarded against the Landlord's Legal Representative for unreasonable conduct during the hearing.