Perlman v Holland, Scherer

Landlord wins · Toronto · 2022-02-08

Adjudicator

Randy Aulbrook

Dispute

Illegal Charges

Landlord

L.H., T.S.

Tenant

B.P.

Landlord rep

Laura Holland

What happened

Tenant applied for an order determining that Landlords collected or retained money illegally. The dispute arose due to the existence of 'smart' sub-meters in the residential complex and a third party 'SUBMETER UTILITY CARMA BILLING SERVICES INC' collecting money from the Tenant for the electrical cost of distributing the heat and cold to the rental unit by operation of a central boiler and chiller system.

The ruling

The Tenant's T1 application is dismissed. The Landlord did not collect or retain an illegal charge, as the charges were for utilities, which were a separate charge from the rent, and the Tenant had entered into a separate agreement with a third party for electricity charges.