Last updated: November 3, 2024
Ordered by Tribunals Ontario under Section 69, Residential Tenancies Act 2006
Decision in favor of
Tenant
Previous Order
Overturned
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Citation: Gill v Tong, 2024 ONLTB 43336
File Number: LTB-T-084788-23-RV
Application Date
Dec 2023
Hearing Date
Jun 2024
Order Date
Jun 13, 2024
The Adjudicator found that the evidence presented did not support the Landlord's claim that the exemption in the Act for shared accommodations applied. Therefore, the Adjudicator determined that the Act applies to this tenancy.
Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to her tenancy. The original order found that the Act did not apply, and the Tenant requested a review of that order.
The Tenant argued that the burden of proof was on the Landlord to show that the exemption in the Act applies, not on the Tenant to disprove the Landlord's claim.
The Tenant testified that she found the rental unit through an ad on Kijiji, met the Landlord, and was shown the basement unit. However, since the basement tenants did not move out in time, she rented the room upstairs instead. The Tenant paid first and last month's rent, was provided a key, and moved in. The Tenant testified that she did not share the kitchen and bathroom with the Landlord, and that the Landlord only attended the premises to clean common areas and address maintenance issues, but did not reside there.
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