The appellant landlord appealed a Landlord and Tenant Board decision finding that the Residential Tenancies Act applied to a waterfront lot leased to the respondent tenant.
The lot contained a cottage subject to a 99-year lease.
The landlord argued the property was exempt under section 5(a) of the Act as seasonal or temporary accommodation.
The Divisional Court dismissed the appeal, holding that an annual rental of premises used seasonally does not fall within the section 5(a) exemption, which is intended for temporary accommodations for the travelling or vacationing public.
