Miller v Dubin

Landlord wins · Toronto · 2022-03-02

Adjudicator

Emile Ramlochan

Dispute

Tenant rights

Landlord

K.D.

Tenant

A.M.

What happened

Tenant applied for an order determining that Landlord has collected or retained money illegally. Tenant also applied to determine if the Residential Tenancies Act, 2006 applies.

The ruling

The Residential Tenancies Act, 2006 does not apply to this rental unit because the Landlord is in fact a tenant who is renting a room to a live-in caregiver. As the Landlord does not meet the definition of a 'landlord' under the Act, the Board does not have jurisdiction to consider the Tenant's application, which is therefore dismissed.