The tenants appealed a Landlord and Tenant Board decision finding that the Residential Tenancies Act did not apply to their rental of a parking space for their motor home due to the seasonal exemption in s. 5(a).
The Divisional Court dismissed the appeal, holding that the application of the exemption was a question of mixed fact and law, which is outside the court's jurisdiction under s. 210.
The court also dismissed the tenants' motion to introduce fresh evidence and rejected their claims of procedural fairness and bias against the Board member.
