Lavin v Chambers Partners
Tenant wins · Toronto · 2024-03-26
- Adjudicator
- Kelly Delaney
- Dispute
- Illegal Act, Tenant Rights
- Amount
- >$20K
- Landlord
- C.P.
- Tenant
- D.L.
- Landlord rep
- Warren Rigby
- Tenant rep
- Dan McIntyre
What happened
Tenant applied for an order to determine whether the Residential Tenancies Act, 2006 applies to the rental unit and for an order requiring the Landlord to return the HST the Tenant paid. The Landlord claimed the unit was commercial and the Tenant was required to pay HST.
The ruling
The Residential Tenancies Act, 2006 applies to the rental unit. The Landlord is ordered to cease collecting HST from the Tenant and to pay the Tenant $29,380 representing the HST paid by the Tenant from December 1, 2019 to March 31, 2024. The Tenant may deduct the unpaid amount from the monthly rent starting May 1, 2024 until the balance is paid in full.