The appellant landlord originally applied to the Ontario Rental Housing Tribunal under the Tenant Protection Act, claiming the respondent tenant breached the Act.
The Tribunal dismissed the application.
The appellant did not appeal but instead applied to the Superior Court for a declaration that the unit was a commercial tenancy.
The motions judge dismissed the application based on issue estoppel.
The Court of Appeal dismissed the appeal, finding that the Tribunal implicitly decided the unit was residential and the appellant could not resile from its initial position relying on the Tribunal's jurisdiction.
