McKnight v. Kirk
Last updated: August 16, 2024
Order
Agree with the ruling?
Citation: McKnight v. Kirk, 2022 ONSC 3617
File Number: CET-98736-21
Timeline
Hearing Date
Jun 2022
Order Date
Jul 7, 2022
Decision
The Divisional Court dismissed the Tenant's appeal of the LTB decision. The court found that the LTB did not err in its interpretation of s. 5(i) of the RTA or in its application of the exemption to the facts of the case. The court upheld the LTB's finding that the RTA did not apply to the tenancy due to the s. 5(i) exemption.
Dispute
The Tenant appealed the Landlord and Tenant Board's decision that dismissed his claim against the Landlord on the basis that the Residential Tenancies Act did not apply to the tenancy. The Tenant requested that the LTB decision be quashed and the matter be remitted to the LTB with a direction that the RTA applies.
Determinations
- The LTB correctly interpreted s. 5(i) of the RTA
- The LTB's factual findings were supported by evidence
- The sale of the premises did not affect the application of s. 5(i)
- Section 5.1(3) of the RTA does not apply to s. 5(i) exemptions
- The Landlord was not required to bring an application under s. 9 of the RTA
Landlord's Arguments
Arguments
The Landlord argued that the s. 5(i) exemption of the RTA applied to the tenancy, as the Landlord's daughter shared the kitchen and bathroom facilities with the tenants.
Actions and Evidence
The Landlord evicted the Tenant on March 16, 2021 with the assistance of police, without an LTB eviction order, based on the claim that the tenancy was exempt from the RTA.
Tenant's Arguments
Arguments
The Tenant argued that the LTB erred in interpreting s. 5(i) of the RTA, failed to consider the co-ownership of the property, and should have considered the subsequent sale of the premises.
Actions and Evidence
The Tenant installed a security camera in the common kitchen on January 14, 2021, which the Landlord asked him to remove.
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