Last updated: August 16, 2024
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Citation: Zeta Psi Elders Association of Toronto v. Kavanaugh, 2022 ONSC 4142
File Number: TSL-07660-19
Hearing Date
Jul 2022
Order Date
Jul 13, 2022
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.
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.
Landlord argued the Board correctly applied the predominant purpose test to find the RTA exemption applied.
Tenant argued the Board erred in finding the predominant use of the premises was for an Airbnb business.
Tenant operated an Airbnb short-term rental business from the premises as his only source of income.
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