Case Study

Dineen v Huang-Johnston

Determination of Act Applicability with Shared Facilities

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-01-11

Order Issued: 2023-01-17

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-050184-22
Address: 370A Churchill Court, Waterloo Ontario N2L6B4
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: Not applicable
Decision In Favor: Landlord
Application Type: Determination of the applicability of the Residential Tenancies Act
RTA Sections: Section 3(1) - Act applies to all rental units, Section 5(i) - Exemption for shared facilities with owner's family

👥 Parties involved

Landlord: Christina Huang-Johnston, Mark Johnston, Danielle Johnston
Landlord Rep: Self Represented
Tenant: Jessica Dineen
Tenant Rep: Self Represented
Adjudicator: Jitewa Edu
Keywords: exemption, shared facilities, family members

⚖️ Decision summary

The Act does not apply to the rental unit due to shared facilities exemption.

⚠️ Dispute summary

Tenant claimed a new tenancy started in 2017; landlords disagreed.
Shared use of kitchen and bathroom with landlords' family throughout tenancy.

📑 Findings & determinations

Rental unit is exempt from the Act due to shared facilities with landlord's family.

💡 Summary points

Tenant applied to determine if the Residential Tenancies Act applies.
Tenant shared facilities with landlord's family, affecting applicability of the Act.
Act does not apply due to exemption for shared facilities with landlord’s family.
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