O'Shanter Development Company Ltd. v. Adai et al

Tenant wins · Mississauga · 2023-11-16

Adjudicator

Wilkinson J.

Dispute

Above Guideline Rent Increase

Landlord

O'Shanter Development Company Ltd.

Tenant

K.M.A., M.R.A.

Landlord rep

Joseph Hoffer, Kevin Kok

Tenant rep

Betty Godzwon, Priscilla Mullings

What happened

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.

The ruling

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.