The appellants, tenants of a mobile home park, appealed an order of the Ontario Rental Housing Tribunal.
The tenants sought punitive damages and a rebate for water testing charges invoiced by the landlord after the park's water supply became contaminated.
The Divisional Court dismissed the appeal, holding that the Tribunal, as a statutory body, lacks jurisdiction to award punitive damages.
The Court also found that section 115(5) of the Tenant Protection Act explicitly permits landlords to charge tenants for reasonable out-of-pocket expenses for water testing, regardless of whether it is a mandated maintenance activity or if there is a contractual agreement.
