Shah v Skyview Living

Tenant wins · Barrie · 2025-09-17

Adjudicator

Dawn Carr

Dispute

Illegal Charge

Amount

<$5K

Landlord

S.L.

Tenant

A.S.

Landlord rep

John McDonald, Joey Kay

What happened

The Tenant applied for the return of a deposit paid during a rental application for a unit in Barrie. The Tenant argued the application was conditional upon viewing the actual unit, which the Landlord never facilitated. The Landlord refused to return the deposit, claiming the Tenant cancelled for personal reasons. The Board determined that because the specific unit was never shown, no valid lease agreement (meeting of the minds) was formed, and the deposit remained an illegal charge that must be returned.

The ruling

The Landlord is ordered to pay the Tenant $1,758.00 by September 28, 2025. This amount includes the $1,710.00 illegally retained deposit and the $48.00 application filing fee. Failure to pay by the due date will result in simple interest of 4.00% per annum on the outstanding balance.