Simpson v Feinstein

Landlord wins · Algonquin Highlands · 2025-05-02

Adjudicator

James Campbell

Dispute

Breach of Conditions

Landlord

N.S.

Tenant

L.F., J.E.

What happened

Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit. The arrangement involved a house and two acres of land on a heritage farm, where the occupancy was tied to the performance of farm labour and property management duties.

The ruling

The Board ordered that Section 5(b) of the Residential Tenancies Act, 2006 applies to the rental unit, meaning the lease is exempt from the Act. The Tenants' right to occupy the premises was found to be conditional on their performance of farm-related duties and property management, which constitutes an employment relationship exempt from residential tenancy protections.