Minto Developments Inc. v. Tenants of 2816 to 2838 Sandalwood Dr., (1992) 54 O.A.C. 234 (DC)

• Judge: Rosenberg, McKeown and Bell, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: November 27, 1991
• Jurisdiction: Ontario
• Citations: (1992), 54 O.A.C. 234 (DC)

Minto Dev. Inc. v. Tenants (1992), 54 O.A.C. 234 (DC)

MLB headnote and full text

Minto Developments Inc. (formerly Minto Construction Ltd.) (applicant/appellant) v. All the Tenants of 2816 to 2838 Sandalwood Drive, Ottawa (respondents/respondents in appeal)

(File No. 90/91)

Indexed As: Minto Developments Inc. v. Tenants of 2816 to 2838 Sandalwood Dr.

Ontario Court of Justice

General Division

Divisional Court

Rosenberg, McKeown and Bell, JJ.

February 17, 1992.

Summary:

A landlord applied for a rent increase. Both the Minister and the Rent Review Hearings Board disallowed certain items of capital expenditure. The landlord appealed.

The Ontario Divisional Court allowed the appeal and remitted the matter to the board.

Trade Regulation - Topic 8512.3

Price regulation - Rent controls - Rent increase, capital expenditures - A landlord applied for a rent increase based on certain capital expenditures - The Rent Review Hearings Board generally disallowed charges for use of the landlord's own equipment - The Ontario Divisional Court held that such claims should be allowed because a portion of the cost of such equipment is allocable to the capital im­provement - See paragraph 11.

Counsel:

Lyon Gilbert, for the applicant/appellant;

Charles McDonald, for the respondents, D. Murch and M. Semple;

Kim Walsh for the respondents, the Carleton Tenants Association.

This appeal was heard by Rosenberg, McKeown and Bell, JJ., of the Ontario Divisional Court on November 27, 1991. The decision of the court was delivered orally by Rosenberg, J., on February 17, 1992.