Evictly

Ontario Boat Company Ltd. v Pill

Landlord wins · Mississauga · 2022-03-07

Adjudicator
Richard Ferriss
Dispute
Residential Tenancies Act Application
Landlord
2281857 Ontario Limited, Ontario Boat Company Ltd.
Tenant
A.P.
Landlord rep
Nadir Virjee, Tito Fernandes
Tenant rep
Adam Pill

What happened

The landlords, Ontario Boat Company Ltd. and 2281857 Ontario Limited, applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental agreement with the tenant, Adam Pill. The landlords had a commercial lease with the tenant for storage of vehicles, boats, and machinery at the rental property. The tenant subsequently moved into a derelict house on the property without the landlords' permission. The landlords argued that the rental agreement was wholly commercial and did not include a residential component, while the tenant claimed the landlords had agreed to let him fix up and move into the derelict house.

The ruling

The Residential Tenancies Act, 2006 does not apply to the rental agreement between the parties, as the agreement was wholly commercial and did not include a residential component.