The applicant property owner sought a declaration that the respondents breached an agreement of purchase and sale, an eviction order, and damages.
The respondent brought a motion to stay the application, arguing the Landlord and Tenant Board had exclusive jurisdiction under the Residential Tenancies Act.
The court found that a landlord and tenant relationship existed and the parties could not contract out of the Act, meaning the applicant must comply with the Act for eviction.
However, the court declined to stay the entire application, as the claims for breach of contract and damages fell outside the Board's exclusive jurisdiction.
