The position of the appellant was that the evidence and law prove that the upper unit is not occupied as a rooming house for the following reasons: o The Ottawa v. Bentolila[2] case sets out reasons why fire safety requirements are more stringent for rooming houses. The main reason is that it is assumed that if people do not know each other, they will not help them escape a fire. Generally, it is thought that people who live in rooming houses do not know each other well because they do not always live there on a long-term basis. The appellant’s tenants have known each other intimately and have lived together before in India and in Canada. If they need to evacuate in a fire, they know who is in each room. The facts of the Bentolila case can be distinguished here because the landlord does not live on the premises, there are fewer tenants, the tenants jointly signed the lease and no construction occurred to increase the size of the building for additional tenants.
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