Sapershteyn et al v. 1821317 Ontario Limited et al

Tenant wins · Toronto · 2023-10-31

Adjudicator

Sutherland J.

Dispute

Illegal Rent Increase

Landlord

1821317 Ontario Limited, Group D Investments Inc.

Tenant

S.S., S.A., S.E., R.K., K.G., N.R., A.K., T.W., A.W.

Landlord rep

Joe Hoffer, Kevin Kok

Tenant rep

Slava Sapershteyn, Richard Kennedy, Katherine Grant, Nada Rafaj, Albert Kwon, Trevor Wheatley

What happened

Landlords appealed a decision of the Landlord and Tenant Board that Section 135.1 of the Residential Tenancies Act, 2006 did not apply to the unlawful rent increases charged to the tenants. The Board ordered the landlords to pay the tenants the unlawful rent increases.

The ruling

The Divisional Court dismissed the landlords' appeal of the Board's order to repay the tenants the unlawful rent increases, finding that the Board's application of the facts to the law was a question of mixed fact and law, and that deference should be given to the Board's assessment.