Ruttan v Gykan Enterprises Inc.

Landlord wins · Toronto · 2020-09-28

Adjudicator

Nicola Mulima

Dispute

Illegal Charges

Amount

<$5K

Landlord

Gykan Enterprises Inc.

Tenant

M.R.

Landlord rep

D. Donnelly, A. Whyte

Tenant rep

D. McIntyre

What happened

Tenant filed an application claiming the landlord charged an illegal rent and collected illegal HST charges. The landlord argued the tenancy was commercial, not residential, until a previous Board order determined the Act applied.

The ruling

The Board found the tenancy was residential from the start, not commercial as argued by the landlord. The Board ordered the landlord to refund $863.67 in illegal HST charges and $109.65 in interest owed on the last month's rent deposit, for a total of $973.62. The landlord was also ordered to pay the $50 application fee.