LTB Decisions on RTA – Real Justice Costs!

This article is the opinion of the author and does not constitute legal advice. If you need legal advice, contact a lawyer

Real Justice Costs!

The Landlord Tenancy Board adjudicates issues in relation to the Residential Tenancy Act.
They have full autonomy to interpret the act in any way they want and  are not required to
adhere to Case Law. Four cases over the last few years were adjudicated by the LTB and the decisions
published ruled that the RTA did not apply to Land Lease Homes occupied for a seasonal or temporary
period based on RTA Rule 5(a). Two of these cases were appealed and the decisions of the LTB
were overturned, stating a different interpretation of 5(a). Unfortunately under the Canadian
System of Justice, Administrative Tribunals are not required to adhere to Case Law when making their decisions.

Using the LTB interpretation of 5(a), any land lease home in a campground can be excluded, even
one where the Land Lease Home is in a park operated all year long, where the tenant goes south for
several months in the winter.

From Mathews:
The Honourable R. Roy McMurtry, the Attorney General at the time, explained that the purpose
behind extending the application of these protections to mobile homes (and later to land lease
sites) was to provide tenants of those premises with security of tenure and other protections
that had been available to other tenants.To ensure that protection, the
legislation provided a broad definition of a “rental unit”.

(a) Rental unit

[24] The definition of a “rental unit” in s. 2(1) contains two components.
First, the unit must be “living accommodation”.
Second, it must be used or intended for use as “rented residential premises”.
From RTA:
“mobile home” means a dwelling that is designed to be made mobile and that is being used as a permanent residence;
“land lease home” means a dwelling, other than a mobile home, that is a permanent structure
where the owner of the dwelling leases the land used or intended for use as the site for the
dwelling;  (ie:Park Model Trailer or Travel Trailer with attached Sun Room)

“rental unit” means any living accommodation used or intended for use as rented residential
premises, and “rental unit” includes,

(a) a site for a mobile home or site on which there is a land lease home used or intended
for use as rented residential premises,

It has been said that the Law in Canada is made up of Legislation and Case Law. With the Administrative
Tribunals allowed to interpret the Law as they see fit, and not required to follow Case Law, we now have a
third component. Tribunal Opinion.  If a Tribunal Decision is appealed to Divisional Court, the Judge
must be guided by Case Law, and in this type of decision the LTB ruling is most likely to be overturned.

It has become apparent from recent rulings of the LTB that any such case before them will result in a ruling against the Tenant and his only recourse to obtain Real Justice is to appeal his case to Divisional Court  with the relevant costs. I can only surmise on the lack of confidence this generates in the Administrative Tribunal Justice System.

Real Justice Costs!