373041 Ontario Ltd. v. Towers et al., (1983) 2 O.A.C. 270 (DC)

• Judge: Boland, Saunders and Trainor, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: November 23, 1983
• Jurisdiction: Ontario
• Citations: (1983), 2 O.A.C. 270 (DC)

373041 Ont. Ltd. v. Towers (1983), 2 O.A.C. 270 (DC)

MLB headnote and full text

373041 Ontario Ltd. v. Towers et al.

(No. 699/81)

Indexed As: 373041 Ontario Ltd. v. Towers et al.

Ontario Divisional Court

Boland, Saunders and Trainor, JJ.

November 23, 1983.

Summary:

A landlord applied to the Residential Tenancy Commission for a whole building rent review under s. 126 of the Residential Tenancies Act. The commission rejected the landlord's request for a rent increase. The request was based on interest and late payment charges on loans arising out of losses. The landlord appealed to the Ontario Divisional Court by way of stated case.

The Ontario Divisional Court dismissed the appeal.

Trade Regulation - Topic 8505

Price regulation - Rent controls - Considerations in fixing rents - Interest on loans to finance losses - A landlord requested a rent increase based on interest and late payment charges on loans to cover losses incurred since the acquisition by the landlord of an 888 tenant complex - The Ontario Divisional Court affirmed the decision of the Residential Tenancy Commission which disallowed the interest and late payment claims - See paragraphs 4 to 40.

Administrative Law - Topic 9116

Boards and tribunals - Judicial review - Review of administrative policy or discretion - The Ontario Divisional Court refused to interfere in a discretionary matter decided by the Residential Tenancy Commission - See paragraphs 41 to 47.

Landlord and Tenant - Topic 7024

Regulation by statutory boards - Powers respecting rent - The Ontario Divisional Court referred to the discretionary powers of the Residential Tenancy Commission in disposing of an application by a landlord for a rent increase (see paragraphs 27 and 28) - The Divisional Court affirmed the power of the board to adjust rents of all tenants in an apartment complex notwithstanding that all of the tenants were not parties to an appeal to the board - See paragraphs 48 to 53.

Cases Noticed:

Triassic Holdings Limited v. Muirhead (1983), 40 O.R.(2d) 651, refd to. [para. 27].

Re City of Portage la Prairie and Inter-City Gas Utilities Ltd. et al. (1970), 12 D.L.R.(3d) 388, refd to. [para. 46].

Statutes Noticed:

Residential Tenancies Act, R.S.O. 1980, c. 452, sect. 93 [para. 15]; sect. 131 [para. 12].

Counsel:

R.G. Doumani and Mrs. G.S. Brannan, for the Landlord (Appellant);

R.W. McInnes, for the Tenants (Respondents);

P.W. Lockett, for Residential Tenancy Commission.

This appeal was heard by Boland, Saunders and Trainor, JJ., of the Ontario Divisional Court on June 27, 28 and 29, 1983.

The judgment of the Divisional Court was delivered on November 23, 1983 and  the following opinions were filed:

Trainor, J. - see paragraphs 1 to 55;

Saunders, J., dissenting - see paragraphs 56 to 77.

Boland, J., concurred with Trainor, J.