The tenant appealed a Landlord and Tenant Board decision dismissing her claim for reimbursement of an allegedly illegal rent increase.
The tenant had agreed to pay an additional $200 per month and signed a written lease to deter the landlord from selling the property.
The Divisional Court found the LTB erred in law by relying on an express agreement to validate the increase, contrary to the recent Court of Appeal decision in Honsberger.
The appeal was allowed and the matter remitted to the LTB to determine whether the parties and premises changed sufficiently under the written lease to constitute a new tenancy agreement.
