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.
