2831848 ONTARIO LTD. V MCCALLUM
Tenant wins · Wasaga Beach · 2025-09-05
- Adjudicator
- Sheena Brar
- Dispute
- Jurisdictional Dispute, Non-payment of Rent
- Notice
- Non-payment of rent (N4)
- Landlord
- 2831848 Ontario Ltd.
- Tenant
- M.M.
- Landlord rep
- Jenny Chai
What happened
The Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The rental unit is a four-season cottage located in a resort. The adjudicator found that the parties had entered into a seasonal rental agreement for a fixed term during the winter months, which explicitly stated the arrangement was exempt from the Residential Tenancies Act. Consequently, the LTB determined it lacked jurisdiction over the matter and dismissed the application.
The ruling
The L1 application for termination of tenancy and eviction based on non-payment of rent is dismissed. The Landlord and Tenant Board does not have jurisdiction because the rental unit is a seasonal vacation property exempt under Section 5(a) of the Residential Tenancies Act, 2006.