Evictly

Firm Capital Management v. Tessier

Tenant wins · Toronto · 2019-01-08

Adjudicator
Morawetz RSJ
Dispute
Application Of Rta
Landlord
Firm Capital Management Inc., Sterling Studio Lofts Inc.
Tenant
H.T.
Landlord rep
Shawna Sosnovich
Tenant rep
David S. Strashin

What happened

The landlords appealed an LTB order finding that the Residential Tenancies Act applied to the tenancy, arguing it was a commercial lease. The key issue was whether the rental unit was used primarily for residential or commercial purposes.

The ruling

The Divisional Court dismissed the landlords' appeal of the LTB decision finding that the Residential Tenancies Act applied to the tenancy. The court found the LTB's decision was reasonable and within its expertise to determine the true nature of the tenancy despite the commercial lease agreement.