Zeta Psi Elders Association of Toronto v. Kavanaugh

Landlord wins · 2022-07-13

Adjudicator

Swinton J.

Dispute

Jurisdiction

Landlord

Z.P.E.A.O.T.

Tenant

S.K.

Landlord rep

Spencer F. Toole

Tenant rep

David Strashin

What happened

Tenant appealed a Landlord and Tenant Board decision that held the Residential Tenancies Act did not apply to his tenancy due to the exemption in s. 5(j) for premises used predominantly for business purposes. The Board found the tenant was primarily using the premises to operate an Airbnb short-term rental business.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision. The court found no error of law in the Board's application of the predominant purpose test to determine that the RTA exemption for business use applied to the tenancy. The tenant's arguments challenging factual findings were not grounds for appeal.