2 total
Private agreement to freeze residential rent indefinitely is unenforceable as it contracts out of the Tenant Protection Act.
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.
Nursery's use of shared right-of-way for heavy truck traffic found to be a normal farm practice.
The applicants, neighbouring residents, applied to the Normal Farm Practices Protection Board complaining of disturbances (noise, dust, vibration, and safety concerns) resulting from the respondents' greenhouse and nursery operation, specifically the heavy truck traffic on a shared right-of-way and the warehousing of off-site products.
The Board found that the applicants were directly affected by some disturbances.
However, applying the test for a normal farm practice, the Board concluded that the respondents' use of the right-of-way and their warehousing activities were consistent with proper and acceptable customs and standards for similar agricultural operations.
The application was dismissed.
