Last updated: August 16, 2024
Decision in favor of
Landlord
Ordered Amount
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Citation: Williams v. 1175326 Ontario Ltd., 2016 ONSC 7781
File Number: 319/16
Hearing Date
Dec 2016
Order Date
Dec 12, 2016
The Divisional Court quashed the tenant's appeal of the Landlord and Tenant Board decision. The court found that the tenant's interpretation of previous case law was incorrect, and that the Board's dismissal of their application due to the one-year limitation period was proper. The court also noted that the appeal was improperly constituted for tenants other than Ms. Williams.
Tenant appealed a Landlord and Tenant Board decision that dismissed their application for a rent rebate. The tenants alleged the landlord had been charging unlawful rent since December 31, 2012, due to not incorporating a mandated rent reduction in rent increase notices. The Board dismissed the application as it was filed outside the one-year limitation period.
Landlord argued that the tenants' application was filed outside the one-year limitation period provided in the Residential Tenancies Act, 2006.
Landlord recalculated rents dating back to December 31, 2012 and provided existing tenants with credits for overpaid rents after receiving the Board's decision on the rent reduction review.
Landlord chose not to incorporate stipulated rent reduction in Notices of Rent Increase while seeking review of the Notice of Rent Reduction.
Tenants argued that because the landlord did not include the rent reduction ordered by the City in its Notices of Rent Increase, the Notices are 'void' and thus can be challenged without being subject to the one-year limitation period.
Tenants filed an application for a rebate in late 2015, alleging that the landlord had been charging unlawful rent since at least December 31, 2012.
Tenants did not challenge rent increases within the one-year limitation period provided in the Residential Tenancies Act, 2006.
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