Wang v Yu

Landlord wins · Scarborough · 2025-11-21

Adjudicator

Madeline Ntoukas

Dispute

Harassment, Jurisdiction, Maintenance, Vital Services

Landlord

H.Y.

Tenant

C.W.

Landlord rep

Haiyue Wang

Tenant rep

Zi Yi Liu

What happened

The Tenant filed an application alleging that the Landlord harassed them, interfered with vital services, and failed to meet maintenance obligations. The Landlord raised a preliminary objection, arguing that the LTB lacks jurisdiction because the living arrangement was a short-term rental for a newcomer to Canada, exempt under Section 5(a) of the Residential Tenancies Act. The Tenant sought a determination that the Act applied, while the Landlord maintained it was a temporary, hotel-like arrangement.

The ruling

The application was dismissed because the Landlord and Tenant Board determined it did not have jurisdiction over the matter. The living arrangement was classified as a short-term temporary accommodation exempt from the Residential Tenancies Act, 2006, under Section 5(a). Factors including the daily payment rate, the furnished nature of the unit, and the Tenant's stated intent for a temporary stay led the Board to conclude the Act did not apply.