The Appellant used a condo unit for the first nine years after purchase for long-term residential rentals and then listed it on Airbnb and rented it out for a succession of short-term rentals (under 60 days and sometimes for only one night) before its sale.
D’Arcy J found that the change-in-use rule in s. 206(2) applied, by virtue of s. 141.1(3)(a), when the property was first listed on Airbnb. He stated (at para. 46):
[T]he first step that the Appellant took to establish the commercial activity of leasing the Condominium on short-term leases was the listing of the Condominium on the Airbnb website on February 25, 2017. Under paragraph 141.1(3)(a), the Appellant was deemed to have listed the Condominium in the course of its commercial activities. By offering the Condominium for short‑term lease on February 25, 2017, the Appellant began to use the Condominium in the course of its commercial activities on that date.
Thus, there was a deemed acquisition of the property at the time of the listing pursuant to s. 206(2).