Sunstar Investment & Management Ltd. v Oladeji
Landlord wins · Hamilton · 2025-10-22
- Adjudicator
- Elle Venhola
- Dispute
- Jurisdiction, Tenant-initiated Termination
- Landlord
- Sunstar Investment & Management Ltd.
- Tenant
- O.O.
- Landlord rep
- Paul Taylor
What happened
The Landlord applied to terminate the tenancy based on an agreement to terminate. An initial order was issued without a hearing on September 3, 2025. The Tenant subsequently filed a motion to set aside that order. During the motion hearing, the Landlord's legal representative argued that the Board lacks jurisdiction because the premises are primarily commercial with attached living accommodation, falling under the section 5(j) exemption of the Act.
The ruling
The Landlord and Tenant Board ruled that the Residential Tenancies Act, 2006 does not apply to the unit located at 925 King St W, Hamilton. The Board found the premises are exempt under subsection 5(j) because the occupancy is under a single commercial lease for both business and residential purposes. Consequently, any previous LTB orders are unenforceable and all applications are considered void.