LTB Order LTB-L-018915-23

Order under Section 2023 ONLTB 34964 (CanLII) Residential Tenancies Act, 2006 Citation: R. v AHMED, 2023 ONLTB 34964 Date: 2023-05-03 File Number: LTB-L-018915-23 In the matter of: A, 48 HAYNES AVENUE EAST ST CATHARINES ON L2R3Z1 Between: F.R. L. A. E. E. Tenants MOHAMED AHMED F.R. (the 'L.') applied for an order to determine whether the Residential Tenancies Act, 2006 (the 'Act') applies. This application was heard by videoconference on April 26, 2023. Only the L. attended the hearing. As of 9:26 a.m., the Tenants were not present or represented at the hearing although properly served with notice of this hearing by the LTB. There was no record of a request to adjourn the hearing. As a result, the hearing proceeded with only the L.'s evidence. Determinations: 1. For the reasons tat follow, I find the Residential Tenancies Act, 2006 (the 'Act') does not apply to this tenancy. 2. The L. testified that he moved into the rental property on September 30, 2022 due to personal family circumstances. On October 5, 2022 he signed a rental agreement with E. E. A. Mohamed Ahmed as roommates A. that they would be sharing a kitchen or bathroom with the him. 3. The L. also testified that that E. E. A. Mohamed Ahmed were not living in the home prior to October 5, 2022, A. that he shared a kitchen A./or bathroom with both.  4. Pursuant to section 5(i) of the Residential Tenancies Act, 2006, (the ‘Act’), where the Tenant shares a kitchen r bathroom with the L. the tenancy is exempt from the Act. 5. The case law establishes that exemptions from the Act must be based on the conditions at the start of the tenancy (see Re File No. CET-01628 (Van der Kooey) [2000] O.R.H.T.D. No. 207 (O.R.H.T.)). 2023 ONLTB 34964 (CanLII) Order Page 1 of 2 File Number: LTB-L-018915-23 6. Based on the uncontested evidence A. testimony before me, I find that the L. shares a kitchen A./or bathroom with the Tenants A. has done so since the beginning of their tenancy, therefore pursuant to section 5(i) of the Act, the Act does not apply. 7. This order contains all the reasons for the decision within it. No further reasons shall be issued. It is ordered that: 1. The Residential Tenancies Act, 2006 (the 'Act') does not apply to this tenancy May 3, 2023 ____________________________ Date Issued Diane Wade Member, L. A. Tenant Board 15 Grosvenor Street, Ground Floor, Toronto ON M7A 2G6 If you have any questions about this order, call 416-645-8080 or toll free at 1-888-332-3234.  Order Page 2 of 2 2023 ONLTB 34964 (CanLII)