The appellant acquired a condominium unit for investment purposes, and leased it to a company ("Premier Suites") under an agreement which stated: "Landlord agrees that the intention of the Tenant is to sub-let the premises to corporate executives for the purpose of providing temporary accommodation."
Sheridan J found, notwithstanding this clause, that the appellant intended that the unit be used by a long-term occupant, and that the first subtenant in fact used the unit continuously as a residence for more than a year. Accordingly, and applying interpretation principles in Melinte, the property was a qualifying residential unit.