Mckeen v HSCC No. 647

Landlord wins · Oakville · 2021-07-22

Adjudicator

Elle Venhola

Dispute

Tenant Rights

Landlord

I.P., M.P.

Tenant

A.M.

Landlord rep

Yusef Elsohemy

Tenant rep

Shaun D. Harvey

What happened

Tenant applied to determine whether the Residential Tenancies Act, 2006 applies and whether the respondents are Landlords pursuant to the Act. The rental unit is a condominium apartment. The Tenant asked the Board to find that the condominium corporation, Signature Property Management Corp, Ivan Prasin and Mirisa Prasin are the joint Landlords for the purposes of the RTA, and that the Landlord and Tenant Board has exclusive jurisdiction to grant the remedies sought by the condominium corporation in a Superior Court application.

The ruling

The Board found that only Ivan Prasin and Mirisa Prasin meet the definition of 'landlord' under the Residential Tenancies Act, 2006. The condominium corporation is not a landlord, as it does not have the authority and ability to exercise the integral functions necessary as a landlord under the Act. The Board determined that the RTA applies with respect to the rental unit, despite any agreement or waiver to the contrary.