The tenant appealed a decision of the Ontario Rental Housing Tribunal terminating his tenancy and ordering him to pay rent arrears.
The tenant argued that he had a private agreement with the landlord's property manager to freeze his rent indefinitely, and that the landlord was estopped from resiling from this agreement.
The Divisional Court dismissed the appeal, holding that section 2(1) of the Tenant Protection Act prohibits landlords and tenants from contracting out of the Act's provisions, even where the agreement benefits the tenant.
The court also held that the doctrine of estoppel cannot override a clear statutory prohibition.
