Daigle v Theony

Landlord wins · Waterloo · 2025-08-05

Adjudicator

Colin Elsby

Dispute

Jurisdiction, Tenant Rights

Landlord

S.T., P.B.

Tenant

O.D.

What happened

Tenant 1 filed an application against Landlord 1 and Landlord 2 alleging harassment, obstruction, and coercion. During the hearing, it was revealed that Tenant 1 was actually a roommate sharing the unit with Landlord 1, who was herself a tenant of the property owner (Landlord 2). The adjudicator determined that because Tenant 1 was an occupant/roommate and not a legal tenant under the Residential Tenancies Act, 2006, the Board did not have jurisdiction to hear the matter.

The ruling

The application was dismissed because the Landlord and Tenant Board lacks jurisdiction. The applicant was found to be a roommate/occupant of the respondent, who was herself a tenant. As there was no landlord-tenant relationship between the parties as defined by the Residential Tenancies Act, 2006, the applicant has no standing to bring a claim before the Board.