Finally Determined by the Board (LTB)

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Caselaw.Ninja, Riverview Group Publishing 2021 ©
Date Retrieved: 2024-09-29
CLNP Page ID: 2298
Page Categories: Hearing Process (LTB)
Citation: Finally Determined by the Board (LTB), CLNP 2298, <https://rvt.link/9i>, retrieved on 2024-09-29
Editor: Sharvey
Last Updated: 2023/11/03

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Sapershteyn et al v. 1821317 Ontario Limited et al, 2023 ONSC 5977 (CanLII)[1]

[1] 1821317 Ontario Limited and Group D Investments Inc. (hereinafter the landlord or appellants) appeal a decision of Vice Chair E. Patrick Shea of the Landlord and Tenant Board (the Board) dated November 2, 2022 (the final Order). The respondents obtained a final Order that section 135.1 of the Residential Tenancies Act, 2006[1] (RTA) did not apply to the unlawful rent increases of the landlord and consequently, the landlord was obligated to pay to the respondents the unlawful rent increases it received.

[2] The appellants contend that the decision of the Board that s. 135.1 of the RTA does not apply in the circumstances is an error in law. The appellants contend that the section does apply which means that the respondents are prohibited from receiving any repayment of the unlawful rent increases received by the appellants.

[3] For the reasons that follow, the appeal is dismissed.

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[1]

References

  1. 1.0 1.1 Sapershteyn et al v. 1821317 Ontario Limited et al, 2023 ONSC 5977 (CanLII), <https://canlii.ca/t/k0vxk>, retrieved on 2023-11-03