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#19111
B.C Tribunal orders halt :AirBnB" guests" NOT RESIDENTIAL TENANCIES but COMMERCIAL LODGERS - JIWA 2020/07/19 20:07  
Not legal advice of course

A B.C. adjudicator issues injunction empowered by s 123 of B.C.’s Civil Resolution Tribunal Act, SBC 2012, c 25 http://canlii.ca/t/53p49 finding that Jiwa group/ Jubilee Ventures’ "guests" via AirBnB are NOT genuine “tenants”.

They are held no more than “commercial lodgers” whose presences violate Declaration’s prohibition of commercial activity despite a reported lack of short term strata accommodation by-law.

Adjudicator rejects operators’ defence claiming the usages are genuine residential tenancies of more than 30 days in term certain and allegedly compliant with a municipal license obtained for such.

Less attention looks paid to typical evidentiary crossclaims - eg about duration disputes / alleged back-dating & actual guest stays - than to several Tribunal decisions and to BCCA BC's court of Appeal itself defining such actual unit usages ( in HighStreet Accommodations 2019 http://canlii.ca/t/hxmf5 which itself cites ground-breaking 2016 Menzies decision by Ottawa Justice Beaudoin ) as one of licensee or permittee, NOT of GENUINE “RESIDENTIAL TENANCY”.

So despite the 30 + day & tenancy claims, the group's "guesting" is ruled non-compliant commerce, not compliant residential tenancy. One thinks inn-keeping type stuff . . .
xcrpt “... 30. Based on the evidence, I find that the strata has proved that the people using the strata lots are not tenants but are temporary lodgers.

. . . I find the Jiwas are in violation of the bylaws because they have been providing their strata lots as temporary lodgings for a fee and not as a private dwelling unit in violation of the bylaws.” -unquote

The Owners, Strata Plan VR 245 v. Jiwa et al , 2020 BCCRT 775 issued July 10/20 http://canlii.ca/t/j8ll0

July 18/20 CBC “Vancouver strata wins 5-year battle against Airbnb operator” by Maryse Zeidler https://www.cbc.ca/news/canada/british-columbia/vancouver-airbnb-battle-1.5652953
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