The appellant landlord appealed a decision of the Ontario Rental Housing Tribunal which found that monthly administrative fees charged to tenants over and above the cost of hydro constituted illegal rent.
The landlord argued the issue fell under the jurisdiction of the Ontario Energy Board.
The Divisional Court dismissed the appeal, holding that the Tenant Protection Act is remedial legislation that takes precedence over the Ontario Energy Board regulation.
The Court found the Tribunal's decision that the additional charges were illegal and had to be refunded was reasonable and correct.
