Amini v. Blu Stellar Real Estate

Landlord wins · 2023-05-01

Adjudicator

Petersen J.

Dispute

Jurisdiction, Non-payment of Rent

Amount

$10-20K

Landlord

Blu Stellar Real Estate Inc.

Tenant

M.A.

Landlord rep

Steven Hong

What happened

Tenant appealed a Landlord and Tenant Board Review Order requiring him to pay $18,000 plus interest in rent arrears for a basement unit. The tenant argued the Residential Tenancies Act did not apply as the lease was part of a larger commercial transaction and he never lived in the unit. The Board rejected this argument, and the tenant appealed to the Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal, finding no error of law in the Landlord and Tenant Board's decision that the Residential Tenancies Act applies to the tenancy of the basement unit. The Court upheld the Board's order requiring the tenant to pay $18,000 plus interest in rent arrears.