Leigh Fishleigh

The appellants appealed a Landlord and Tenant Board decision finding that their long-term cabin leases were exempt from the Residential Tenancies Act under the seasonal or temporary accommodation exemption.

The Divisional Court found the Board's decision unreasonable, as the cabins were permanent structures subject to 20-year leases and were used as secondary homes, not temporary vacation accommodations.

The court declared that the Act applies to the leases and that the appellants reside in a land lease community.

The applicants sought declaratory and injunctive relief regarding an express right of way over the respondents' adjacent property.

The applicants were renovating their building, which required altering doors that accessed the right of way to comply with fire regulations.

The respondents blocked access to these doors and changed locks on the first floor.

The court found that the easement had not been abandoned and that the applicants' renovations fell within their ancillary rights under the easement.

The court granted a declaration that the easement was valid and ordered an injunction preventing the respondents from interfering with the applicants' use of the right of way.

The applicant sought an order preventing a newly incorporated ratepayers association from using the name of a former, unincorporated association.

The court found that the former association had ceased to exist due to prolonged inactivity and a lack of members in good standing.

The former president, acting as a trustee, validly assigned the association's name and funds to the new corporation to carry out the original association's purposes.

The application was dismissed, and costs were awarded to the respondent.

The appellants appealed a Landlord and Tenant Board decision finding that their residential complex was exempt from the Residential Tenancies Act under section 5(a).

The Board had concluded the accommodation was occupied for a seasonal or temporary period within a resort vacation establishment.

The Divisional Court applied a reasonableness standard of review and found no error in the Board's application of the exemption, noting it correctly followed precedent regarding multi-season temporary occupancy.

The appeal was dismissed.