581355 Ontario Ltd. v. Tenants of 80 St. Clair Avenue East, (1991) 49 O.A.C. 74 (DC)

• Judge: Steele, Weiler and Davidson, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: January 30, 1991
• Jurisdiction: Ontario
• Citations: (1991), 49 O.A.C. 74 (DC)

581355 Ont. v. Tenants 80 St. Clair Ave. (1991), 49 O.A.C. 74 (DC)

MLB headnote and full text

581355 Ontario Limited (applicant) v. All of the Tenants of the Residential Complex Known as 80 St. Clair Avenue East, Toronto, Ontario, as set out in Schedule "A" to the Notice of Appeal

(No. 214/90)

Indexed As: 581355 Ontario Ltd. v. Tenants of 80 St. Clair Avenue East

Ontario Court of Justice

Divisional Court

Steele, Weiler and Davidson, JJ.

April 12, 1991.

Summary:

The Rent Review Hearings Board set the maximum rents for a mixed residential and commercial complex. The landlord appealed on several alleged points of law.

The Ontario Divisional Court allowed the appeal and remitted the matter to the Board to determine the maximum rent in accor­dance with its reasons.

Landlord and Tenant - Topic 7024

Regulation - Powers of board or officers - Respecting rent - The Ontario Divisional Court held that the Rent Review Hearing Board on an application for a rent review under the Residential Tenancies Act lacked jurisdiction to make orders for future years relating to capital expenditures - The court held that the Board erred in purporting to deal with rents after 1996 - See para­graphs 1 to 9.

Trade Regulation - Topic 8512.2

Price and wage regulation - Rent controls - Rent increase - Considerations - The Ontario Divisional Court held that on an application for a rent review under the Residential Tenancies Act, the landlord's expenses for consulting fees cannot be reduced by any amount of consultant's fees on a prior application - See paragraph 10.

Cases Noticed:

Reference Re Residential Tenancies Act (1980), 26 O.R.(2d) 609, refd to. [para. 8].

Statutes Noticed:

Residential Tenancies Act, S.O. 1986, c. 63, sect. 13(1) [para. 8]; sect. 49(1) [para. 8]; sect. 71 [para. 5]; sect. 74 [paras. 2, 5]; sect. 74(2) [para. 5]; sect. 75(b), sect. 75(h), sect. 75(j) [para. 5]; sect. 78(2) [para. 6]; sect. 111 [para. 5];

Residential Tenancies Act Regulations, sect. 13(2) [para. 6]; sect. 55(1)(b) [para. 11]; sect. 55(1)(c) [para. 10]; sect. 55(4) [para. 10]; sect. 58(1) [para. 11]; sect. 58(1)(a) [para. 12].

Counsel:

J. Melnitzer and C. Pinto, for the appel­lant;

A.R. Keating, for the tenants.

This appeal was heard before Steele, Weiler and Davidson, JJ., of the Ontario Court of Justice, Divisional Court, on Jan­uary 30, 1991. The decision of the Divi­sional Court was delivered by Steele, J., and released on April 12, 1991.