Howey v Lamoureux

Tenant wins · Waubaushene · 2025-10-06

Adjudicator

Laura Hartslief

Dispute

Jurisdiction

Landlord

T.H.

Tenant

J.L., J.L.

Tenant rep

Nicole Fazzari

What happened

The Landlord applied for a determination of whether the Residential Tenancies Act, 2006 applies to the living situation. The Landlord argued that the Tenants were required to share a kitchen and bathroom with her, which would exempt the tenancy under section 5(i). The Tenants contested this, asserting they had separate cooking and bathing arrangements in the basement and did not move in until a functioning bathroom was available. Following a review and a de novo hearing, the Board determined the Landlord failed to prove the exemption applies.

The ruling

The LTB ruled that the Residential Tenancies Act, 2006 applies to the tenancy. The Landlord's application to have the situation declared exempt due to shared facilities was dismissed because the Landlord failed to provide sufficient evidence that the parties were required to share a kitchen or bathroom. The previous order issued on November 8, 2024, is cancelled and replaced by this order confirming jurisdiction.