Quin v. McCaughey

Landlord wins · Toronto · 2016-12-15

Adjudicator

Sachs J.

Dispute

Damage to Property, Eviction, Jurisdiction

Amount

<$5K

Landlord

I.M.

Tenant

B.Q.

Landlord rep

Spencer F. Toole

What happened

Tenant appealed LTB decision that rental unit was exempt from Residential Tenancies Act due to shared kitchen/bathroom with landlord's child. Tenant argued exemption shouldn't apply after marrying landlord's daughter. Landlord sought to evict tenant and claimed damages.

The ruling

The Divisional Court dismissed the tenant's appeal of the LTB decision that found the rental unit exempt from the RTA. The court ruled the LTB's decision was reasonable, as the s.5(i) exemption applies based on circumstances when the tenancy began. The tenant sharing a kitchen/bathroom with the landlord's daughter at the start of tenancy triggered the exemption, and the tenant's later marriage to the landlord's daughter did not change the legal nature of the tenancy.