Egan v. Kincardine Golf & Country Club

Tenant wins · 2023-08-04

Adjudicator

D.L. Corbett

Dispute

Jurisdiction

Landlord

K.G.C.C.

Tenant

J.E.

Landlord rep

Joe Hoffer

Tenant rep

John B. Brennan

What happened

The tenant filed an application with the Landlord and Tenant Board to determine if the Residential Tenancies Act applied to his tenancy of a waterfront lot with a cottage. The landlord argued the property was exempt under s. 5(a) of the Act as seasonal or temporary accommodation. The Board ruled the Act did apply. The landlord appealed this decision to the Divisional Court.

The ruling

The Divisional Court dismissed the landlord's appeal, finding that the Landlord and Tenant Board did not err in law when it determined that the Residential Tenancies Act applied to the tenant's lease of a waterfront lot with a cottage. The court agreed with the Board's interpretation that the property was not exempt under s. 5(a) of the Act as seasonal or temporary accommodation, given the 99-year lease term and the purpose of the Act to protect residential tenants.