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Case Study

Determination of Exclusion from Residential Tenancies Act Protection

Case Analysis of Shared Facilities and Primary Residence

🕑 Case timeline

Application Date: Date not provided

Hearing Date: 2023-10-03

Order Issued: 2023-11-23

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-L-062277-23
Address: 454 MOHAWK ROAD WEST, HAMILTON ON L9C1X4
Form Used: Not applicable
Served By: Not applicable
Amount Awarded: Not applicable
Decision In Favor: Landlord
Application Type: Determination of whether the rental unit is excluded from the protection of the Residential Tenancies Act
RTA Sections: Section 5(i)

👥 Parties involved

Landlord: JOHN LOMAS
Landlord Rep: Ms. K. Hawkes
Tenant: ANA CUNGU
Tenant Rep: Mr. W. Chapman
Adjudicator: Not specified
Keywords: exclusion, shared facilities, primary residence

⚖️ Decision summary

The adjudicator ruled in favor of the landlord, confirming the exclusion of the rental unit from the Act.

⚠️ Dispute summary

Landlord claims the Act does not apply due to shared kitchen and bathroom.
Tenant opposes the claim, leading to the LTB hearing.

📑 Findings & determinations

The rental unit is excluded from the Act's protection due to shared facilities with the landlord.

💡 Summary points

The application was to determine if the rental unit is excluded from the Act.
The unit is part of a house where the landlord also resides.
Shared facilities between landlord and tenant.
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🧑‍⚖️ Same adjudicator

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