IPPOLITI v MOODREY

Split/Other wins · Windsor · 2023-01-04

Adjudicator

Fabio Quattrociocchi

Dispute

Residential Tenancies Act Applicability

Landlord

S.I.

Tenant

J.K.M., V.K.

Landlord rep

Trevor Scheib

What happened

Landlord applied to determine if the Residential Tenancies Act, 2006 applies to the rental property, which consists of a commercial unit (restaurant) and a residential unit. The Landlord argued the property is exempt under section 5(h) or 5(j) of the Act. The Tenants are a mother-daughter who occupy the residential unit and operate the restaurant, respectively.

The ruling

The Residential Tenancies Act, 2006 applies to the residential portion of the rental property, but not the commercial portion. The exemptions under sections 5(h) and 5(j) of the Act do not apply.