Four tenants of cottage sites owned by Grant Lake Forest Resources Ltd. challenged significant rent increases imposed when their original tenancy agreements expired and were replaced with new agreements.
The landlord did not provide the required 90-day notice of rent increase under the Residential Tenancies Act, 2006.
The Landlord and Tenant Board found the increases void and ordered repayment of excess rent.
The Divisional Court upheld this decision.
On appeal, the landlord argued that the new tenancy agreements constituted a new term of tenancy, exempting the increases from the notice requirements.
The Court of Appeal rejected this argument, holding that the notice provisions apply regardless of whether a new agreement is executed, as long as the parties and premises remain the same.
