Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
$1,500
to Landlord
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Citation: Quin v. McCaughey, 2016 ONSC 7921
File Number: TNT-76662-15 RV
Hearing Date
Dec 2016
Order Date
Dec 15, 2016
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.
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.
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.
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 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.
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.
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Other Amount
$1,500
Costs awarded to respondent
Ordered Amount
$1,500 (to Landlord)
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