Evictly

Broadbent v Teperman

Landlord wins · Mono · 2025-04-07

Adjudicator
Harry Cho
Dispute
Jurisdiction
Landlord
H.T., 1000251605 Ontario Limited
Tenant
J.B.
Tenant rep
Licensee of the Law Society of Ontario

What happened

The Tenant filed an application to determine if the Residential Tenancies Act (RTA) applies to her tenancy. The LTB ruled it did not, due to the property's predominant commercial use. The Tenant then filed a request to review this decision, claiming a serious error occurred and she was unable to participate fully. This review order denies the Tenant's request, affirming the original decision. The review found no procedural errors, noting the Tenant was present and represented by counsel at the hearing. The original decision was based on sufficient evidence, including the Tenant's testimony about running commercial businesses (an alpaca farm with overnight stays) on the property.

The ruling

The Tenant's request to review order LTB-T-009637-25 is denied. The original order, which determined that the Residential Tenancies Act, 2006 does not apply to the tenancy due to its predominant commercial use, is confirmed and remains unchanged.