Jurisdiction - Re: Residential Tenancies Act v. Condominium Act

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Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-05-18
CLNP Page ID: 1653
Page Categories: [Jurisdiction]
Citation: Jurisdiction - Re: Residential Tenancies Act v. Condominium Act, CLNP 1653, <3z>, retrieved on 2024-05-18
Editor: P08916
Last Updated: 2021/09/15


Residential Tenancies Act, 2006, S.O. 2006, c. 17

3 (1) This Act, except Part V.1, applies with respect to rental units in residential complexes, despite any other Act and despite any agreement or waiver to the contrary. 2013, c. 3, s. 22 (1).

...
(4) If a provision of this Act conflicts with a provision of another Act, other than the Human Rights Code, the provision of this Act applies. 2006, c. 17, s. 3 (4).


[1]

HOT-00068-15 (Re), 2016 CanLII 39881 (ON LTB)[2]

27. The Landlord also testified that, given that the condensation issue arose while the unit was subject to the conditions of the “interim occupancy” period outlined in the Condominium Act, 1998, the Landlord did “own” the unit and was unable to send in his own contractors to repair the problem. The Landlord added that the interim occupancy period ended a few days after the hearing date.

28. Be that as it may, the Landlord herein meets the definition of “landlord” in s. 2(1) of the Act and, as such, he must adhere to the responsibilities of landlords delineated in s. 20(1) of the Act. Further, pursuant to s. 3 of the Act, the Act applies to rental units despite any other legislation, including the Condominium Act, 1998, or agreement to the contrary. Underlining all of this, section 168(2) of the Act confers, on the Board, exclusive jurisdiction over residential tenancies.


[2]

References

  1. Residential Tenancies Act, 2006, S.O. 2006, c. 17, <https://www.ontario.ca/laws/statute/06r17#BK3>, reterived 2021-09-15
  2. 2.0 2.1 HOT-00068-15 (Re), 2016 CanLII 39881 (ON LTB), <https://canlii.ca/t/gs9vq>, retrieved on 2021-09-15