The appellant tenant appealed a Superior Court decision that set aside an arbitration award regarding the allocation of property tax shortfalls.
The landlord had sought to recover a tax shortfall from some, but not all, eligible tenants under the Municipal Act.
The Court of Appeal held that the landlord was not exercising a statutory power of decision, but rather acting within the permissive statutory framework that allowed, but did not require, the recovery of shortfalls from all eligible tenants.
The appeal was dismissed, affirming the landlord's right to allocate the shortfall as it did.
