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.