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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

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.
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