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Voluntary rent deposit does not contravene Residential Tenancies Act, but interest must be paid on it.
The appellant appealed a decision regarding a $90,000 rent deposit.
The Divisional Court upheld the application judge's finding that the deposit was voluntary and therefore not 'required' under section 106 of the Residential Tenancies Act, meaning there was no contravention of section 135.
However, the court allowed the appeal in part, finding that section 106(6) requires interest to be paid on the deposit, calculated on the monthly declining balance.
Independently discoverable construction defects caused by a single act of negligence give rise to separate causes of action.
The plaintiff condominium corporation discovered three serious construction defects relating to fire safety in its buildings.
One defect was discovered in 1993, while the other two were not discovered until 1996.
The defendant municipality, which negligently inspected the buildings, argued that the discovery of the first defect triggered the limitation period for all defects arising from the same negligent inspection, rendering the entire claim statute-barred.
The Court of Appeal held that independently discoverable construction defects caused by a single act of negligence give rise to separate causes of action.
Because the interior defects could not have been reasonably discovered when the exterior defect was found, the limitation period for the interior defects ran separately and the claim was not statute-barred.
