OnTheGoShipping Inc., and Kwok-Wai Leung, aka Harry Leung v. G. Khan Medicine Professional Corporation
Tenant wins · Markham · 2020-05-04
- Adjudicator
- G. Roberts J.
- Dispute
- Damage to Property, Illegal Lockout
- Landlord
- G.K.M.P.C.
- Tenant
- OnTheGoShipping Inc., K.L.
- Landlord rep
- Ronald Allan
- Tenant rep
- Peter Askew
What happened
The tenant leased premises from the landlord, including a two-story heritage house, yard, and garage. The landlord locked the tenant out of the house a week after the COVID-19 state of emergency was declared. The tenant claims the landlord damaged property and seeks a declaration that the Residential Tenancies Act applies to the tenancy. The landlord argues it's a commercial tenancy under the Commercial Tenancies Act.
The ruling
The court ruled that the Residential Tenancies Act applies to the tenancy, not the Commercial Tenancies Act. The Landlord and Tenant Board has exclusive jurisdiction over the dispute. The interim injunction preventing the landlord from excluding the tenant is no longer needed, as the tenancy is subject to the COVID-19 suspension of evictions.