Wong v Wong

Landlord wins · Scarborough · 2025-11-28

Adjudicator

Nicole Pedron

Dispute

Exemption From Act

Landlord

M.W.

Tenant

W.W.

Landlord rep

Giuseppe Rizzuto

What happened

The Landlord applied for a determination of whether the Residential Tenancies Act, 2006 applies to the living arrangement. The Tenant resided in a basement rec room within the Landlord's home. The primary issue was whether the parties shared a kitchen, which would exempt the arrangement from the Act under section 5(i).

The ruling

The Landlord and Tenant Board determined that the Residential Tenancies Act, 2006 does not apply to the living arrangement at 63 Fulbert Crescent. Because the Tenant shares a kitchen with the Landlord, the unit is exempt under section 5(i) of the Act. Consequently, the Board has no jurisdiction over the dispute.