Nicole Auty

The appellants, landlords in Oshawa, appealed a judgment ordering them to cease using their properties as lodging houses.

They argued their properties operated as single dwelling establishments for groups of tenants, primarily students.

The Court of Appeal upheld the application judge's finding that the properties were rented on a room-by-room, short-term basis, functioning as lodging houses rather than single housekeeping establishments.

The court also rejected the argument that s. 35(2) of the Planning Act precluded considering the relationship among renters.

The appeal was dismissed.

The appellants appealed a decision of the Ontario Municipal Board denying their request to review an earlier decision that allowed a development of three detached houses.

The appellants argued the Board acted outside its jurisdiction by approving access via an existing right of way, which they claimed would create an overburden and interfere with neighbouring property rights.

The Divisional Court dismissed the appeal, holding that the Board had jurisdiction to determine legal issues, such as easements, that were incidental to its administrative function of approving variances and granting consents to sever under the Planning Act.