The appellant, Lydian Smith, appealed a Divisional Court decision affirming the Landlord and Tenant Board's finding that YouthLink Youth Services' transitional housing program was exempt from the Residential Tenancies Act, 2006 under s. 5(k).
The Court of Appeal affirmed that s. 5(k) and the newer s. 5.1 can co-exist, and that "rehabilitative or therapeutic services" in s. 5(k) include broader support services beyond medical care.
The court dismissed the appeal, finding that the Board and Divisional Court correctly interpreted the statutory exemptions and that the YouthLink program fell within the s. 5(k) exemption.
