Murphy v Callander

Tenant wins · Toronto · 2025-07-10

Adjudicator

Dana Wren

Dispute

Jurisdiction, Personal Use

Notice

Personal use (N12)

Landlord

L.M.

Tenant

A.C.

Landlord rep

Masoud Tchavoshi

Tenant rep

Samuel Mason

What happened

The Landlord sought to review a previous order, arguing that the Residential Tenancies Act did not apply to the living arrangement. The Landlord claimed that the Tenant was a roommate who shared or was required to share a kitchen and bathroom. The Tenant contended that she had exclusive use of her second-floor facilities and that the relationship was a standard tenancy. The Board had to determine if the exemption under section 5(i) of the Act applied based on the sharing of facilities with the owner.

The ruling

The Board determined that the Residential Tenancies Act applies to the relationship between the Landlord and the Tenant. The Landlord failed to prove that the Tenant was required to share kitchen or bathroom facilities with her, which would have exempt the arrangement under section 5(i). Consequently, the Landlord's request to set aside the previous order based on a lack of jurisdiction was denied, and the order dated January 15, 2025, remains in effect.