Gjura v 14045793 Canada Inc

Tenant wins · Windsor · 2025-11-13

Adjudicator

Mark Melchers

Dispute

Jurisdiction

Landlord

A.G.

Tenant

14045793 Canada Inc

Landlord rep

Wendy Lynn McLean

What happened

The Landlord applied to the Board for a determination of whether the Residential Tenancies Act, 2006 applies to the rental unit. The Landlord argued that the tenancy was commercial because the Tenant is a numbered corporation and allegedly used the unit for business purposes. The Landlord sought this determination to clarify whether the LTB or a court had jurisdiction to order rent arrears. Despite the Tenant's corporate status, the LTB member found that the written lease was explicitly for a 'Single Family Residential Dwelling' and that the unit was furnished for residential use.

The ruling

The Board ordered that the Residential Tenancies Act, 2006 applies to the rental unit. The Landlord's application to have the tenancy declared commercial was denied, as the evidence of the lease agreement and the physical use of the property supported a residential classification.