Temporary Full-Time Occupancy (N12)
From Riverview Legal Group
| Caselaw.Ninja, Riverview Group Publishing 2021 © | |
|---|---|
| Date Retrieved: | 2025-02-22 |
| CLNP Page ID: | 2453 |
| Page Categories: | [Personal Use Application (LTB)] |
| Citation: | Temporary Full-Time Occupancy (N12), CLNP 2453, <>, retrieved on 2025-02-22 |
| Editor: | Sharvey |
| Last Updated: | 2025/01/07 |
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TST-94128-18 (Re), 2018 CanLII 123282 (ON LTB)[1]
17. The law is clear that “residential occupation” as it is used in s.48(1) of the Act (under which the Landlords served the N12) does not include temporary full-time use.
18. The Ontario Divisional Court in the case of MacDonald v. Richard (2008) O.J. 6076 (Ont. Div. Ct.)[2] (“MacDonald”), ruled that temporary full-time occupancy of a residential unit (which in MacDonald was four months) does not constitute “residential occupation” as contemplated in s.48(1) of the Act. MacDonald has been followed by the Board in a number of decisions, including TSL-2128-11; TSL-52712-14; TSL-62689-15; TSL-76374-16; and TSL-80318-16.
References
- ↑ 1.0 1.1 TST-94128-18 (Re), 2018 CanLII 123282 (ON LTB), <http://canlii.ca/t/hwqdg>, retrieved on 2020-09-14
- ↑ 2.0 2.1 MacDonald v. Richard, 2008 CarswellOnt 638, [2008] O.J. No. 6076, 164 A.C.W.S. (3d) 516, <https://caselaw.ninja/r/6C>, retrieved on 2020-09-14
