13. The case Di Geso v. Fiset[4] is instructive as it pertains to a combined space such as the current case. The court reviews the caselaw regarding the business purpose exemption under the Act, and notes at paragraph 5, “There are many professional and business activities that can be carried on, or advanced, in residential premises without those premises losing their character as residential premises under the Act.” The court goes on to conclude, “(i)t appears to me that the predominant purpose test is most appropriate where the demised premises appear to be mainly residential in use and where there is not a clearly segregated area of the demised premises to which the public is invited to come.”
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