The tenant, who lived in rent-geared-to-income premises, appealed a Landlord and Tenant Board eviction order for non-payment of rent.
The tenant argued the rent increases were unlawful.
The Board ruled it lacked jurisdiction to determine the lawful rent under s. 203(a) of the Residential Tenancies Act.
The Divisional Court allowed the appeal, finding that because the tenant's rent was not payable under the Housing Services Act, s. 203(a) did not deprive the Board of jurisdiction to determine the lawfulness of the rent charged.
The matter was remitted for a new hearing.
