Quin v. McCaughey: RTA Exemption Upheld Despite Marriage - 2016 ONSC 7921
Court upholds RTA exemption for shared facilities despite tenant marrying landlord's daughter
Summarized by RentZenLast updated: August 16, 2024
Case Summary
285 Glenforest Road, Toronto, ON
Decision in favor of
landlord
Balance Owed to Landlord
$1,500
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Dec 2016
Order Date
Dec 15, 2016
Dispute Summary
Tenant appealed LTB decision that rental unit was exempt from Residential Tenancies Act due to shared kitchen/bathroom with landlord's child. Tenant argued exemption shouldn't apply after marrying landlord's daughter. Landlord sought to evict tenant and claimed damages.
Determinations
- Rental unit exempt from RTA under s.5(i) exemption
- Exemption applies based on circumstances at start of tenancy
- Marriage to landlord's daughter does not change legal nature of tenancy
- Tenant cannot unilaterally opt in/out of RTA protections
Case Study
The court found the LTB's decision reasonable, as the exemption in s.5(i) of the RTA applies based on circumstances when tenancy began. Tenant sharing kitchen/bathroom with landlord's daughter at start of tenancy triggered exemption. Marriage to landlord's daughter later did not change legal nature of tenancy.
Arguments and Actions
Landlord
Arguments
Landlord argued the rental unit was exempt from RTA under s.5(i) as tenant shared kitchen and bathroom with landlord's daughter at start of tenancy.
Actions
Landlord asked tenant to move out shortly after her daughter left the premises in April 2015. Landlord applied to LTB to terminate tenancy and evict tenant on grounds of property damage and personal use.
Tenant
Arguments
Tenant argued s.5(i) exemption should not apply to married couples and that his marriage to landlord's daughter brought him outside the exemption. Tenant claimed the nature of tenancy can change over time and that the exemption only applies to rooming houses.
Actions
Tenant moved into lower level of duplex in 2011, sharing kitchen and bathroom with landlord's daughter. Tenant married landlord's daughter two years later. Tenant refused to move out when asked by landlord after her daughter left the unit in April 2015.
Decision Summary
The Divisional Court dismissed the tenant's appeal of the LTB decision that found the rental unit exempt from the RTA. The court ruled the LTB's decision was reasonable, as the s.5(i) exemption applies based on circumstances when the tenancy began. The tenant sharing a kitchen/bathroom with the landlord's daughter at the start of tenancy triggered the exemption, and the tenant's later marriage to the landlord's daughter did not change the legal nature of the tenancy.
Adjudicator Details
Divisional Court
Total Orders
21
Landlord Favorable
71.4%
Tenant Favorable
28.6%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$1,500
Costs awarded to respondent
Total Owing
$1,500 (Owed to Landlord)
Source
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