Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
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Citation: O'Shanter Development Company Ltd. v. Adai et al, 2023 ONSC 6478
File Number: DC-22-0074-00
Application Date
Jun 2019
Hearing Date
Sep 2023
Order Date
Nov 16, 2023
The court dismissed the Landlord's appeal of the Landlord and Tenant Board's decision to dismiss its L5 Application for a Rent Increase Above the Guideline. The court found no errors of law in the Board's decision-making process and no breach of procedural fairness.
The Landlord appealed a decision of the Landlord and Tenant Board dismissing its L5 Application for a Rent Increase Above the Guideline. The Landlord sought a rent increase to offset $388,202.00 paid for new appliances, drain repairs, and elevator modernization work. The Board dismissed the application due to the Landlord's failure to comply with deadlines and requirements set out in email correspondence.
The Landlord argued that the Board failed to apply the correct legal test in considering and denying the Landlord's requests to reschedule the hearing and extend time for service. The Landlord also claimed a breach of procedural fairness.
The Landlord failed to comply with deadlines and requirements set out in email correspondence from the Board. The Landlord claimed it never received the email correspondence from May 13, 2022.
The Landlord failed to comply with deadlines for addressing deficiencies in the L5 Application and serving documents to Tenants.
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Other Amount
$388,202
Cost of new appliances, drain repairs, and elevator modernization work
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