Tukahafez Investments Inc. v Experteers Corporation

Landlord wins · Halton Hills · 2021-06-22

Adjudicator

Diamond J.

Dispute

Lease Classification

Landlord

Tukahafez Investments Inc.

Tenant

E.C.

Landlord rep

Jeffrey Radnoff

Tenant rep

Omer S. Chaudhry

What happened

The landlord sought a declaration that the lease agreement between the parties is a commercial lease subject to the Commercial Tenancies Act, rather than a residential lease under the Residential Tenancies Act. The tenant opposed this classification.

The ruling

The court declared that the lease agreement between the parties is a commercial lease subject to the Commercial Tenancies Act. This decision was based on the predominant use of the property for business purposes, despite the use of a residential lease form.