The landlord appealed a Landlord and Tenant Board order requiring him to return a portion of the tenant's last month's rent deposit after the tenant terminated the lease early.
The landlord argued the Board was functus officio when it amended its order to reduce the amount owed to the tenant, and that the Board erred by not applying common law expectation damages.
The Divisional Court dismissed the appeal, finding the Board properly applied the principle of functus officio to correct a clerical error, and correctly relied on the specific provisions of the Residential Tenancies Act rather than common law damages.
