Helberg Properties Limited v. Caldwell

Landlord wins · Toronto · 2015-12-14

Adjudicator

Sachs J.

Dispute

Above Guideline Rent Increase

Landlord

Helberg Properties Limited

Tenant

M.C.

Landlord rep

Patrick J. Harrington

Tenant rep

Jeff A. Carolin

What happened

The landlord applied for an above-guideline rent increase based on capital expenditures for balcony repairs. The tenant appealed the Landlord and Tenant Board's decision approving the increase to the Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board's decision approving an above-guideline rent increase for capital expenditures related to balcony repairs. The court found the Board's decision was reasonable in concluding the repairs were necessary to protect the physical integrity of the building and met the definition of eligible capital expenditures under the Residential Tenancies Act.