The appellant landlord appealed a Divisional Court decision upholding a Tribunal order that sections 105(1) and 108 of the Tenant Protection Act apply to the respondents' land lease homes.
The landlord argued that applying these sections to permanent structures would lead to an absurd result, as they could not be sold without assigning the land lease.
The Court of Appeal dismissed the appeal, holding that the sections apply to land lease communities and confirm a tenant's proprietary right to sell their home.
However, the Court clarified that while a landlord cannot refuse consent to an assignment in principle when a home is sold, the landlord retains the right under section 17 to reasonably withhold consent to a specific assignee.
