Ying v Mackay

Tenant wins · Toronto · 2024-12-17

Adjudicator

Rachel Gibbons

Dispute

Non-payment of Rent

Notice

null

Amount

<$5K

Landlord

B.Y.

Tenant

S.M.

Landlord rep

Cuiwen Hu

What happened

Landlord applied for an order to terminate the tenancy and evict the Tenant due to non-payment of rent. The Tenant argued that the Residential Tenancies Act, 2006 does not apply because the Tenant was required to share a kitchen and bathroom with the Landlord's spouse.

The ruling

The Board found that the Residential Tenancies Act, 2006 does not apply to the rental unit because the Tenant was required to share a kitchen and bathroom with the Landlord's spouse, who meets the definition of 'spouse' under the Act. Therefore, the Board does not have jurisdiction to hear the application, and the application is dismissed.