The appellant tenant appealed a Landlord and Tenant Board decision dismissing his applications regarding the applicability of the Residential Tenancies Act and a claim for a rent rebate.
The Divisional Court upheld the Board's decision, finding that the applicability of the Act was res judicata due to a prior final order.
Furthermore, the Board correctly applied section 135.1(5) of the Act to validate a previously non-compliant rent increase because the tenant had paid it for over 12 months and the matter was not finally determined before the statutory deadline.
The court also dismissed the appellant's allegations of institutional bias.
