The landlord appealed a Landlord and Tenant Board decision dismissing its application for arrears of rent related to an air conditioning charge.
The LTB Member had relied on a previous decision involving the same landlord but a different tenant to find the charge invalid.
The Divisional Court allowed the appeal, finding the Member erred in applying issue estoppel because the parties and the specific issues were different.
The matter was remitted back to the LTB for a re-hearing before a different Member.
