Ompertab v Canadian Mental Health Association

Landlord wins · Toronto · 2025-07-23

Adjudicator

Inderdeep Padda

Dispute

Jurisdiction

Landlord

C.M.H.A.

Tenant

I.O.

Landlord rep

Simran Datta

Tenant rep

Donna Keuhl

What happened

Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to his living accommodation. The Landlord asserted that the accommodation is part of a transitional housing program (Patterson House) and is exempt under subsection 5(k) of the Act, which covers living accommodations occupied for rehabilitative or therapeutic services for a specified duration intended to be no more than one year.

The ruling

The LTB ruled that the Residential Tenancies Act, 2006 does not apply to the living accommodation. The Landlord successfully demonstrated that the Tenant was participating in a transitional housing program intended to provide rehabilitative services for a duration of less than one year. Consequently, the LTB does not have jurisdiction over the dispute.