Matthews v. Algoma Timberlakes Corporation,

• Jurisdiction: Ontario
• Judge: Laskin, Armstrong and Lang, JJ.A.
• Neutral Citation: 2010 ONCA 468
• Citation: 2010 ONCA 468,(2010), 266 O.A.C. 261 (CA),102 OR (3d) 590,266 OAC 261,(2010), 266 OAC 261 (CA),102 O.R. (3d) 590,266 O.A.C. 261
• Date: 28 October 2009
• Court: Court of Appeal (Ontario)

Matthews v. Algoma Timberlakes Corp. (2010), 266 O.A.C. 261 (CA)

MLB headnote and full text

Temp. Cite: [2010] O.A.C. TBEd. AU.104

Gary Matthews (and the persons listed on Schedule "A" hereto) (applicants/appellants) v. Algoma Timberlakes Corporation (respondent/respondent in appeal)

(C50387; 2010 ONCA 468)

Indexed As: Matthews v. Algoma Timberlakes Corp.

Ontario Court of Appeal

Laskin, Armstrong and Lang, JJ.A.

June 29, 2010.

Summary:

The applicants each leased lots in a lake area. The recreational leases were for 20 years less a day, with a renewable term of one year. The Landlord and Tenant Board dismissed the applicants' application for a determination that the Residential Tenancies Act applied to their land lease community of cottages. The Ontario Divisional Court dismissed the applicants' appeal. The applicants appealed.

The Ontario Court of Appeal allowed the appeal, set aside the orders below, and issued a declaration that the Act applied to the land lease sites occupied by the applicants.

Landlord and Tenant - Topic 7004

Regulation - General principles - Jurisdiction - General - The applicants each leased lots in a lake area - The recreational leases were for 20 years less a day, with a renewable term of one year - The Landlord and Tenant Board dismissed the applicants' application for a determination that the Residential Tenancies Act applied to their land lease community of cottages - The Ontario Divisional Court dismissed the applicants' appeal - The Ontario Court of Appeal held that the Residential Tenancies Act applied to these land lease sites but held that the Board did not have jurisdiction to exempt landlords under s. 9(1)(a) from their statutory and regulatory responsibilities for the provision and maintenance of services to a residential unit under ss. 20 and 161 - As a practical matter, ss. 20 and 161 of the Act could present challenges when applied to both the usual urban apartment complex and to these land lease communities - However, the legislature chose to leave land lease regulation within the current framework that applied equally to all residential units - It was a separate question whether a particular service had to be provided by the landlord - The answer to that question depended upon a proper construction of the Act applied to the particular facts of these land lease cottages - See paragraphs 38 to 45.

Landlord and Tenant - Topic 7021

Regulation - Powers of board or officers (incl. rentalsman) - General - [See Landlord and Tenant - Topic 7004 ].

Landlord and Tenant - Topic 7074

Regulation - Exemptions - Seasonal or temporary accommodations - The applicants each leased lots in a lake area - The recreational leases were for 20 years less a day, with a renewable term of one year - The Landlord and Tenant Board dismissed the applicants' application for a determination that the Residential Tenancies Act applied to their land lease community of cottages - The Ontario Divisional Court dismissed the applicants' appeal - The Ontario Court of Appeal allowed the appeal - The Act applied to these land lease sites - Consideration of the term "residential" led to the interpretation that all residential properties, including those used by tenants for recreational as well as residential purposes, were subject to the Act - The cottages were rental units within s. 2(1) as they were a living accommodation - They were intended to be used as rented residential premises - If it had been the legislature's intention to exclude recreational units from the Act, it could have added living accommodation occupied for "recreational" purposes to the s. 5 list of premises to which the Act did not apply - The s. 5(a) exclusion regarding "seasonal or temporary" occupation did not apply - See paragraphs 24 to 37.

Landlord and Tenant - Topic 7081

Regulation - Mobile homes parks and land lease communities - Land lease community - General - [See Landlord and Tenant - Topic 7004 ].

Landlord and Tenant - Topic 7090

Regulation - Mobile homes parks and land lease communities - Land lease community - What constitutes - [See Landlord and Tenant - Topic 7074 ].

Cases Noticed:

Wheeler et al. v. Ontario (Minister of Natural Resources) (2005), 197 O.A.C. 117; 75 O.R.(3d) 113 (Div. Ct.), dist. [para. 3].

Bell ExpressVu Limited Partnership v. Rex et al., [2002] 2 S.C.R. 559; 287 N.R. 248; 166 B.C.A.C. 1; 271 W.A.C. 1; 2002 SCC 42, refd to. [para. 22].

Canadian Human Rights Commission et al. v. Canadian Airlines International Ltd. et al., [2006] 1 S.C.R. 3; 343 N.R. 308; 2006 SCC 1, refd to. [para. 22].

Putnam et al. v. Grand River Conservation Authority (2006), 210 O.A.C. 191 (Div. Ct.), refd to. [para. 35].

Statutes Noticed:

Residential Tenancies Act, S.O. 2006, c. 17, sect. 2(1) [para. 16]; sect. 5(a) [para. 17]; sect. 9(1)(a), sect. 20(1), sect. 161 [para. 19].

Authors and Works Noticed:

Driedger, Elmer A., Construction of Statutes (2nd Ed. 1983), p. 87 [para. 22].

Counsel:

Robert G. Doumani, for the appellants;

Joseph J. M. Hoffer and Kristin A. Carnie, for the respondent.

This appeal was heard on October 28, 2009, before Laskin, Armstrong and Lang, JJ.A., of the Ontario Court of Appeal. Lang, J.A., released the following decision of the court on June 29, 2010.