The appellants, tenants of a mobile home park, appealed a Small Claims Court judgment ordering them to pay property taxes to their landlord.
The Divisional Court allowed the appeal on jurisdictional grounds, finding that the Tenant Protection Act applies to mobile home sites and grants exclusive jurisdiction over such landlord-tenant disputes to the Ontario Rental Housing Tribunal.
The court set aside the Small Claims Court judgment and referred the matter to the Tribunal, noting in obiter that the regulations permit landlords to seek reimbursement for property taxes provided reasonable notice is given.
