Jackson v Williams

Tenant wins · Gravenhurst · 2022-03-07

Adjudicator

Richard Ferriss

Dispute

Residential Tenancies Act Application

Landlord

K.J., Lakeview Properties Limited

Tenant

J.W.

Landlord rep

Ender Joseph

Tenant rep

Mohamed Saad

What happened

Landlords applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit occupied by the Tenant. The Tenant testified that she moved into the apartment almost 4 years ago and had an oral tenancy agreement with the previous owner, EK. The Landlords argued that the unit was part of a motel complex and not a residential tenancy, but the Tenant's testimony was more persuasive.

The ruling

The Residential Tenancies Act, 2006 applies to the rental unit occupied by the Tenant. The Landlords did not meet the onus of proving the Act does not apply.