Barnes v. SSI Property GP Inc.

Landlord wins · 2016-11-02

Adjudicator

DAMBROT J.

Dispute

Jurisdiction

Amount

$10-20K

Landlord

SSI PROPERTY GP INC operating as SHERKSTON SHORES, CAREFREE RV COMMUNITIES INC

Tenant

R.R.B., A.T.N.I.S.A.

Landlord rep

Leigh G. Fishleigh

Tenant rep

Girolamo (Gerry) Falletta

What happened

The Appellants (tenants) appealed an order of the Landlord and Tenant Board (LTB) which determined that the Respondent's residential complex was exempt from the Residential Tenancies Act (RTA) under section 5(a) as living accommodation occupied for a seasonal or temporary period in a resort.

The ruling

The Divisional Court dismissed the appeal, finding that the Landlord and Tenant Board's decision was reasonable. The court upheld the LTB's determination that the residential complex was exempt from the Residential Tenancies Act under section 5(a) as living accommodation occupied for a seasonal or temporary period in a resort.