Court and tribunal decisions about land lease communities in Ontario — when the Residential Tenancies Act applies, rent increases, landlord rule changes, selling a structure, eviction, demolition and conversion, and building permits. This page is general information, not legal advice.
The anchor cases — does the RTA apply?
- Matthews et al. v. Algoma Timberlakes Corp., 2010 ONCA 468 — The RTA applies to land-lease sites with permanent recreational cabins. Section 5(a) does not apply where leases were intended to be continually renewed and rent was annual. Recreational or secondary-residence use does not remove protection.
- Putnam v. Grand River Conservation Authority, 2006 CanLII 18526 (ON SCDC) — The RTA applies to recreational cottages on leased land. Section 5(a) only covers cottages or cabins operated analogous to a hotel, seasonal campsite or bed and breakfast. A permanent cottage on year-round leased land is a land lease home entitled to RTA protection.
- Larabie v. Crickard, 2026 ONSC 1655 (Cullin J., March 18, 2026) — The RTA applies to Lot 46, Remi Lake. Not within section 5(a). Relief belongs before the Landlord and Tenant Board. The burden on the party claiming an exemption is on a balance of probabilities. PDF
Lac Gerard — the 2026 LTB orders
- Beaulne and Parent v. Wagler, LTB-T-051018-26, August 20, 2026 (Member Angela Smith) — The RTA applies to the Lac Gerard campground; the section 5(a) exemption does not apply. The landlord is not permitted to unilaterally change the terms to convert the campground to seasonal or restrict a tenant’s right to use their lot at any time of year.
- Kennedy and Kennedy v. Wagler, LTB-T-052108-26, October 15, 2026 (Member Jana Rozehnal) — 1181 Fantham Road. Section 9(2) application to determine whether the Residential Tenancies Act applies. The tenants own their home and lease the land in Lac Gerard Campgrounds; they have lived there year-round for 5 or 6 years. The new landlords, who took possession June 1, 2026, tried to impose a 43% rent increase and add a clause calling the lease seasonal. The Board held the Act applies: “it is the use of the particular rental unit, not the overall use of the complex that determined whether the Act applies.” The Board also held: “The new Landlords are estopped from changing the agreement between original Landlord and the Tenants.”
- Berube v. Wagler, LTB-T-062119-26, October 23, 2026 (Member Teresa Hunt) — Rent increase from $800 to $1,150 per year void (no valid N1 notice). Lawful annual lot rent $800. The Waglers owe Rachelle Berube $398 by November 3, 2026.
- Lambert-Belanger and Tanguay v. Wagler, LTB-T-062303-26, October 23, 2026 (Member Teresa Hunt) — Rent increase from $800 to $1,350 per year void. The Waglers owe Mathieu Lambert-Belanger and Lee-Anne Tanguay $598 by November 3, 2026.
Landlord changing the rules / converting to seasonal
- EAT-00915-09 (Re), 2010 CanLII 79586 (ON LTB) — Review order. A land lease community landlord announced a “business decision” to have seasonal tenants only and served eviction notices on every full-time tenant. The Board found harassment and threats continued despite an interim stop order. Each tenant received a $500 lump-sum rent abatement; the landlord was fined $5,000. The prior/interim order is not available in our records.
- White v. Upper Thames River Conservation Authority, 2022 ONCA 146 — Seasonal non-occupancy clauses are void under section 4 of the RTA.
- Brooks et al. v. Hogan, 2026 ONSC 1833 (Div. Ct.) — Counter-example: the RTA does NOT apply to a genuinely seasonal lease (utilities Victoria Day to Thanksgiving only, no overnight stays).
Rent increases
- Price v. Turnbull’s Grove, 2007 ONCA 408 — A rent increase without proper notice is void, a nullity.
- Honsberger v. Grant Lake Forest, 2019 ONCA 44 — A fresh lease cannot be used to evade section 120 rent controls.
Selling a structure / assigning a lot lease
- Sutton v. Patterson and Morrow, 2021 ONSC 1403 (Div. Ct.) — The RTA is a complete code displacing fixtures law; a tenant keeps their permanent land-lease home.
- Egan v. Kincardine, 2023 ONSC 4498 (Div. Ct.) — Annual rental used seasonally is not a seasonal rental (99-year lease).
Demolition, conversion, redevelopment
- Boomer v. Arvane Farms, 2025 ONSC 1772 (Div. Ct.) — Park closure and conversion to commercial use upheld under sections 50(1)(b) and 73.
Precedents on this page go back to 1960 in scope, though almost no sourced decided cases from 1960 to the 1990s were found. If you hold a decision that belongs here, send it to us.
Administrative Fines
Equity Builders Ltd. et al. v. Landlord and Tenant Board et al., 2025 ONSC 759
Equity Builders Ltd. et al. v. Landlord and Tenant Board et al., 2025 ONSC 759 (Divisional Court) — PDF
Refund Request Letter — September 3, 2026
Rachelle Berube’s September 3, 2026 refund request letter to Stephen and Marlene Wagler, on behalf of every cottage resident at Lac Gerard — PDF
All tenants are welcome to download any case law or document on this page and upload them to the portal to assist their case.