Caney v Gykan Enterprises Inc.

Landlord wins · Toronto · 2020-09-28

Adjudicator

Nicola Mulima

Dispute

Illegal Charges

Amount

<$5K

Landlord

Gykan Enterprises Inc.

Tenant

S.C.

Landlord rep

D. Donnelly, A. Whyte

Tenant rep

D. McIntyre

What happened

Tenant filed an application claiming the landlord charged illegal rent increases, HST, and a 20% overholding charge. The landlord argued the tenancy was commercial until an April 2018 order determined it was residential.

The ruling

The Tenant is entitled to a refund of $795.60 in illegal HST charges and $1,020.00 in illegal overholding charges collected within the 1-year limitation period, as well as $188.74 in interest owed on the last month's rent deposit. The Landlord must pay the Tenant a total of $2,054.34.