Company name removed v LH

Split/Other wins · 2016-07-27

Dispute

Above Guideline Increase

Landlord

C.N.R.

Tenant

L.H.

What happened

Landlord applied for an above guideline rent increase due to an extraordinary increase in municipal taxes and charges. Tenant requested a review of the initial order granting the increase, arguing the charges were not municipal charges and the Board erred in its decision.

The ruling

The Board stayed the previous order granting an above guideline rent increase and ordered an oral hearing to consider whether to exercise discretion to spread the increase over several years. The Board found that the Electrical Safety Authority charges were valid municipal charges for AGI purposes and not excluded by s.2 of the RTA.