D'Souza v Sisi

Tenant wins · Mississauga · 2025-10-03

Adjudicator

Diane Wade

Dispute

Jurisdiction

Notice

Personal use (N12)

Landlord

T.D.

Tenant

N.S.

Landlord rep

Ling Wang, Spencer Rellinger

What happened

The Landlord sought a review of a previous LTB order which determined that the Residential Tenancies Act, 2006 applies to the rental unit. The Landlord argued that the tenancy should be exempt under section 5(i) of the Act, claiming they shared a kitchen or bathroom with the Tenant. The Landlord alleged several errors in law and fact in the original decision, citing legal precedents regarding the intentions of parties at the start of a tenancy and temporary absences from the unit. The Tenant did not attend the review hearing.

The ruling

The Landlord's request for review is denied. The original order LTB-L-008480-25 remains in effect, confirming that the Residential Tenancies Act, 2006 applies to the tenancy. The Landlord did not provide sufficient evidence to prove they shared a kitchen or bathroom with the Tenant in a manner that would exempt the unit from the Act.