McKnight v. Kirk

Landlord wins · 2022-07-07

Adjudicator

Stewart J.

Dispute

Jurisdiction

Landlord

N.K.

Tenant

G.K.M.

Landlord rep

Nicholas Lovell

What happened

The Tenant appealed the Landlord and Tenant Board's decision that dismissed his claim against the Landlord on the basis that the Residential Tenancies Act did not apply to the tenancy. The Tenant requested that the LTB decision be quashed and the matter be remitted to the LTB with a direction that the RTA applies.

The ruling

The Divisional Court dismissed the Tenant's appeal of the LTB decision. The court found that the LTB did not err in its interpretation of s. 5(i) of the RTA or in its application of the exemption to the facts of the case. The court upheld the LTB's finding that the RTA did not apply to the tenancy due to the s. 5(i) exemption.