Section 202: Difference between revisions
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(Created page with "Catergory:Category:Landlord & Tenant (Residential) ==<i>Sterling Studio Lofts Incorporated v. Clayton Stel,</i> 2019 ONSC 91 (CanLII)<ref name="Sterling"/>== [35] <b><u>In accordance with s. 202, the terms of the agreement signed by the parties are not determinative</b></u> with respect to the application of the RTA and, in our view, the LTB was entitled to find upon consideration of all the evidence that the true nature of the agreement was for use as a...") |
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==<i>Residential Tenancies Act,</i> 2006, S.O. 2006, c. 17<ref name="RTA"/>== | |||
<b>Findings of Board</b> | |||
202 (1) In making findings on an application, the Board shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so, | |||
:(a) may disregard the outward form of a transaction or the separate corporate existence of participants; and | |||
:(b) may have regard to the pattern of activities relating to the residential complex or the rental unit. 2006, c. 17, s. 202. | |||
<ref name="RTA"><i>Residential Tenancies Act,</i> 2006, S.O. 2006, c. 17 , <https://www.ontario.ca/laws/statute/06r17#BK300>, retrieved on 2024-05-30</ref> | |||
==<i>Sterling Studio Lofts Incorporated v. Clayton Stel,</i> 2019 ONSC 91 (CanLII)<ref name="Sterling"/>== | ==<i>Sterling Studio Lofts Incorporated v. Clayton Stel,</i> 2019 ONSC 91 (CanLII)<ref name="Sterling"/>== | ||
Latest revision as of 02:34, 31 May 2024
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2024-11-23 |
| CLNP Page ID: | 2382 |
| Page Categories: | Landlord & Tenant (Residential) |
| Citation: | Section 202, CLNP 2382, <https://rvt.link/b->, retrieved on 2024-11-23 |
| Editor: | MKent |
| Last Updated: | 2024/05/31 |
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Residential Tenancies Act, 2006, S.O. 2006, c. 17[1]
Findings of Board
202 (1) In making findings on an application, the Board shall ascertain the real substance of all transactions and activities relating to a residential complex or a rental unit and the good faith of the participants and in doing so,
- (a) may disregard the outward form of a transaction or the separate corporate existence of participants; and
- (b) may have regard to the pattern of activities relating to the residential complex or the rental unit. 2006, c. 17, s. 202.
Sterling Studio Lofts Incorporated v. Clayton Stel, 2019 ONSC 91 (CanLII)[2]
[35] In accordance with s. 202, the terms of the agreement signed by the parties are not determinative with respect to the application of the RTA and, in our view, the LTB was entitled to find upon consideration of all the evidence that the true nature of the agreement was for use as a rented residential premise. To hold otherwise would result in a triumph of form over substance.
References
- ↑ 1.0 1.1 Residential Tenancies Act, 2006, S.O. 2006, c. 17 , <https://www.ontario.ca/laws/statute/06r17#BK300>, retrieved on 2024-05-30
- ↑ 2.0 2.1 Sterling Studio Lofts Incorporated v. Clayton Stel, 2019 ONSC 91 (CanLII), <https://canlii.ca/t/hwwg4>, retrieved on 2024-05-30
