Khallaghian v Mindel

Landlord wins · North York · 2025-07-22

Adjudicator

Harry Cho

Dispute

Jurisdiction, Tenant Rights

Landlord

G.M.

Tenant

A.K.

What happened

The Tenant applied for a review of a previous order which determined that the Residential Tenancies Act (RTA) did not apply to the rental arrangement. The original adjudicator found that the Landlord resided in the property and shared a kitchen and bathroom with the occupants, exempting the tenancy under Section 5(i) of the Act. The Tenant sought to re-argue that the evidence regarding the shared facilities was misinterpreted by the Member and requested a new hearing.

The ruling

The Tenant's request for a review was denied. The Board confirmed the original order issued on June 4, 2025, which found that the LTB lacked jurisdiction over the matter because the Tenant shared kitchen and bathroom facilities with the Landlord, exempting the arrangement from the Residential Tenancies Act.