O'Shanter Development v. Adai: Court Upholds LTB Decision on Above Guideline Rent Increase
Court upholds LTB dismissal of $388202 rent increase application due to landlord's procedural non-compliance
Summarized by RentZenLast updated: August 16, 2024
Case Summary
2150 Bromsgrove Road, Mississauga, ON
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jun 2019
Hearing Date
Sep 2023
Order Date
Nov 16, 2023
Dispute Summary
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.
Determinations
- The Board's finding that the Landlord received notice is a finding of fact not subject to appeal
- The Board has authority to control its own process
- There was no breach of natural justice in the hearing process
- The Board did not err in law in dismissing the Landlord's L5 Application
Case Study
The court found that the Board did not err in law by dismissing the Landlord's request for rescheduling and extension of time. The court determined it had no jurisdiction to interfere with the Board's finding of fact that the Landlord had received notice. The court also found no breach of procedural fairness in the Board's process.
Arguments and Actions
Landlord
Arguments
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.
Actions
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.
Procedural Errors
The Landlord failed to comply with deadlines for addressing deficiencies in the L5 Application and serving documents to Tenants.
Decision Summary
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.
Adjudicator Details
Superior Court of Justice
Total Orders
2
Landlord Favorable
50.0%
Tenant Favorable
50.0%
Mutual Agreement
0.0%
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Financial Details
Other Owed Amount
$388,202
Cost of new appliances, drain repairs, and elevator modernization work
Source
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