The landlord appealed a decision of the Ontario Rental Housing Tribunal ordering rent reductions for two tenants due to their inability to use their balconies during a restoration project.
The Tribunal had rejected the landlord's proven costs and instead based the reduction on the 'value' of the balconies, awarding a 10% rent abatement.
The Divisional Court allowed the appeal, finding that the Tribunal breached natural justice by adopting a new interpretation of the regulation and calculating value without giving the parties an opportunity to call evidence or make submissions on that issue.
The matter was remitted to a different Tribunal member.
