Beaver v Birsingh

Landlord wins · Brampton · 2025-10-08

Adjudicator

Dana Wren

Dispute

Illegal Charge

Landlord

R.B.

Tenant

J.W.B.B.

What happened

The Tenant applied for an order requiring the Landlord to refund $3,100.00, alleging that the Landlord charged an illegal monthly fee starting in June 2022 because the Tenant's father was staying at the rental unit. The Tenant continued to pay the increased amount until filing the application in January 2025.

The ruling

The Tenant's application for a refund of illegal charges was dismissed. Because the Tenant paid the increased rent for more than twelve months without legal challenge, the increase is deemed lawful under the Residential Tenancies Act, 2006. The claim was also filed outside the one-year limitation period for recovering illegally collected money.