Shore v Reid

Tenant wins · Toronto · 2024-09-23

Adjudicator

Teresa Hunt

Dispute

Determination Of Residential Tenancies Act Application

Landlord

D.S.

Tenant

N.R.

What happened

The Landlord applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit. The Landlord asserted that the unit is exempt from the Act under section 5(i) as the Tenant is required to share a bathroom or kitchen facility with the owner, and the owner lives in the building. The Tenant disputed that the Landlord lived in the building at the start of the tenancy.

The ruling

The Tribunal finds that the Residential Tenancies Act, 2006 applies to the rental unit, as the Landlord has failed to establish the exemption under section 5(i) of the Act. The Landlord did not live in the building at the start of the tenancy, as required by case law.