Wong v. Hsiao

Tenant wins · 2022-05-30

Adjudicator

Sweeny R.S.J.

Dispute

Jurisdiction

Amount

<$5K

Landlord

P.W.

Tenant

P.H., C.T.

Landlord rep

Adaline Huang

What happened

Landlord appealed LTB decision that found the Residential Tenancies Act (RTA) applies to the tenancy. Landlord argued the property was exempt under s.5(i) of the RTA as she lived in the building. The court dismissed the appeal, upholding the LTB's decision that the RTA applied.

The ruling

The Divisional Court dismissed the landlord's appeal of the LTB decision. The court upheld that the RTA applies to the tenancy, as the landlord did not 'live in the building' when the tenancy started in August 2017. Occasional stays in unoccupied rooms do not constitute 'living in the building' under s.5(i) of the RTA. The court awarded $800 in costs to the tenants.