The applicant marina operator sought a permanent injunction to remove the respondent's live-in boat from its marina after declining to renew his seasonal dock permit due to his abusive and harassing emails to staff.
The respondent argued the Landlord and Tenant Board had exclusive jurisdiction under the Residential Tenancies Act (RTA).
The Superior Court held that the RTA does not apply to a marina slip because a slip in a water lot is not a 'site on land' and therefore cannot be a mobile home park or rental unit under the RTA.
The court granted a permanent injunction requiring the respondent to remove his boat and prohibiting him from reapplying for a permit for two years.
