Last updated: August 16, 2024
Agree with the ruling?
Citation: Wong v. Hsiao, 2022 ONSC 3253
File Number: TSL-15375-20
Hearing Date
May 2022
Order Date
May 30, 2022
The Divisional Court dismissed the landlord's appeal of the LTB decision. The court upheld that the RTA applies to the tenancy, as the landlord did not 'live in the building' when the tenancy started in August 2017. Occasional stays in unoccupied rooms do not constitute 'living in the building' under s.5(i) of the RTA. The court awarded $800 in costs to the tenants.
Landlord appealed LTB decision that found the Residential Tenancies Act (RTA) applies to the tenancy. Landlord argued the property was exempt under s.5(i) of the RTA as she lived in the building. The court dismissed the appeal, upholding the LTB's decision that the RTA applied.
Landlord argued that the RTA does not apply due to s.5(i) exemption, claiming she lives in the building.
Landlord occasionally stayed in unoccupied rooms of the rooming house when working late at her nearby store. She later sold her principal residence and began living in a specific room in the rooming house.
Tenants argued that the RTA applies to their tenancy and that the landlord's occasional stays do not exempt the property from the RTA.
Tenants signed a lease for long-term occupancy of a room in the rooming house in August 2017.
Need assistance from an expert?
Other Amount
$800
Costs awarded to tenants for the appeal
Ordered Amount
$800 (to Tenants)
Click to switch between order outcomes
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
LTB upholds eviction order against Bancroft tenant for breach of conditions, despite tenant's request for review.
Toronto tenant faces eviction for non-payment of $8,050 in rent, ordered to pay $7,674.86.
Belleville tenants face eviction for landlord's personal use, given until April 2025 to vacate.
LTB denies tenant's motion to set aside eviction order due to failure to comply with pest control requirements.