Williams v. 1175326 Ontario Ltd.

Landlord wins · Toronto · 2016-12-12

Adjudicator

Nordheimer J.

Dispute

Illegal Rent, Rent Reduction

Landlord

1175326 Ontario Ltd.

Tenant

S.W.

Landlord rep

M. Melchers

What happened

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.

The ruling

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.