Appeal dismissed; landlord's occasional stays in rooming house do not trigger RTA shared-facility exemption.
The appellant landlord appealed a Landlord and Tenant Board decision finding that the Residential Tenancies Act applied to the respondents' tenancy in a rooming house.
The landlord argued the tenancy was exempt under s. 5(i) of the Act because she occasionally stayed in unoccupied rooms and later moved into the building.
The Divisional Court dismissed the appeal, upholding the Board's finding that the relationship is characterized at the time it commenced.
The court affirmed that occasional stays do not constitute 'living in the building' for the purposes of the shared-facility exemption.
ODCDivisional CourtMay 30, 2022
