Firm Capital Management v. Tessier
Tenant wins · Toronto · 2019-01-08
- Adjudicator
- Morawetz RSJ
- Dispute
- Application Of Rta
- Landlord
- Firm Capital Management Inc., Sterling Studio Lofts Inc.
- Tenant
- H.T.
- Landlord rep
- Shawna Sosnovich
- Tenant rep
- David S. Strashin
What happened
The landlords appealed an LTB order finding that the Residential Tenancies Act applied to the tenancy, arguing it was a commercial lease. The key issue was whether the rental unit was used primarily for residential or commercial purposes.
The ruling
The Divisional Court dismissed the landlords' appeal of the LTB decision finding that the Residential Tenancies Act applied to the tenancy. The court found the LTB's decision was reasonable and within its expertise to determine the true nature of the tenancy despite the commercial lease agreement.