Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
-
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Citation: O'Shanter Development Company Ltd. v. Barbara Augustin, 2021 ONSC 1720
File Number: DC-19-0000006-0000
Hearing Date
Mar 2021
Order Date
Mar 8, 2021
The Divisional Court dismissed the Landlord's appeal, finding that the LTB did not deny procedural fairness in its decision regarding the above-guideline rent increase application. The court ruled that the Landlord was responsible for providing all necessary evidence and legal support at the initial hearing to prove the necessity of the roof anchor system installation as a capital expenditure.
The Landlord appealed a decision of the Landlord and Tenant Board (LTB) which determined that the cost of installing a fall arrest roof anchor system was not a 'capital expenditure' qualifying for rent recovery through an above-guideline rent increase.
The Landlord argued that the installation of the roof anchor system was a capital expenditure necessary to comply with building standards and thus eligible for inclusion in an above-guideline rent increase application.
The Landlord's representative attended the hearing with a witness who stated the roof anchor system was a necessary requirement, but was unable to provide legal basis or detailed evidence to establish its necessity.
The Landlord failed to provide sufficient evidence and legal support at the initial hearing to prove the necessity of the roof anchor system installation.
Tenants raised concerns about the legal necessity of the roof anchor system by referencing the Occupational Health and Safety Act.
Tenants challenged the Landlord's claim that the roof anchor system was a necessary requirement.
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