Determination of Applicability of Residential Tenancies Act in Pham v Bryson
LTB Decision on Shared Facilities and Tenancy Agreement
🕑 Case timeline
Application Date: Date not provided
Hearing Date: 2023-07-31
Order Issued: 2023-10-05
Termination Date: Not applicable
Eviction Deadline: Not applicable
ℹ️ Case overview
Case Number: LTB-L-037561-23
Address: 9 Buxton Road, Toronto Ontario M3M1Y6
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: Not applicable
Decision In Favor: Tenant
Application Type: Determination of the applicability of the Residential Tenancies Act, 2006
RTA Sections: Section 9(2)
👥 Parties involved
Landlord: Ahn Pham, Vu Nguyen
Landlord Rep: Masoud Tchavosh
Tenant: Jenoi Leary Martin Bryson
Tenant Rep: Leon Presner, Lavinia Volney
Adjudicator: Richard Ferriss
Keywords: Residential Tenancies Act, shared facilities, credibility of evidence
⚖️ Decision summary
The Board found the Tenant's evidence more credible regarding the non-shared use of kitchen and washroom facilities.
The Residential Tenancies Act, 2006 is applicable to the tenancy.
⚠️ Dispute summary
The dispute centered on whether the Tenant shared kitchen and washroom facilities with the Landlords and their children, affecting the applicability of the Residential Tenancies Act.
📑 Findings & determinations
The Act applies to the rental unit.
The formation of a new tenancy in January 2023.
The Tenant did not share essential facilities with the Landlords' family.
💡 Summary points
The Act applies to the rental unit.
The Tenant did not share kitchen or washroom facilities with the Landlords or their children.
