Landlord Wins Rent Increase Above Guideline in Goderich Dispute: Bloomsbury Drive v Huron Haven Residents 2023

Dispute Summary

Landlord applied for an order permitting the rent charged to be increased by more than the guideline for one or more of the rental units in the residential complex.

Determinations

• The Board shall amend the application by removing certain rental units that were not served with the application and notice of hearing.
• The Landlord failed to meet the burden of establishing that the culvert crossing and road replacement are 'eligible' capital expenditures under 126(7)(b) of the Act.
• The Landlord justified a rent increase above the guideline because of capital expenditures.
• The Landlord withdrew the claim for Tree Removal.
• The Landlord's claim for $6,384.50 paid to Gardiner Transport is denied.
• The capital expenditure for Frequency Drive Water Distribution is an eligible capital expenditure.
• The first effective date of the rent increase above the guideline is November 1, 2019.
• The weighted useful life for the capital expenditures is as specified on Schedule 3.