The appellants appealed a Landlord and Tenant Board decision finding that their long-term cabin leases were exempt from the Residential Tenancies Act under the seasonal or temporary accommodation exemption.
The Divisional Court found the Board's decision unreasonable, as the cabins were permanent structures subject to 20-year leases and were used as secondary homes, not temporary vacation accommodations.
The court declared that the Act applies to the leases and that the appellants reside in a land lease community.