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Case Study

LTB Order on Illegal Rent Increase Dispute

Case LTB-T-079711-22

🕑 Case timeline

Application Date: 2021-08-09

Hearing Date: 2023-07-25

Order Issued: 2023-10-16

Termination Date: Not applicable

Eviction Deadline: Not applicable

ℹ️ Case overview

Case Number: LTB-T-079711-22
Address: 322 Lakeshore Road West, Mississauga ON L5H1G8
Form Used: Notice of Rental Increase (NORI)
Served By: Landlord's Agent
Amount Awarded: Application dismissed, no amount awarded
Decision In Favor: Landlord
Application Type: Application regarding illegal collection or retention of money
RTA Sections: Section 116, Section 135, O.Reg 73/20, O.Reg 457/20, O.Reg 516/06

👥 Parties involved

Landlord: Stephen McGarvey
Landlord Rep: Jordan Nieuwhof
Tenant: Darryl Deruz, Paul Amariutei, Rodica Amariutei, Jeanette Holloway, Shawna McInnes, Roy Mitenko, Mike Thornley
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: illegal rent increase, notice of rental increase, limitations period, COVID-19 suspension

⚖️ Decision summary

The application regarding the rent increase was dismissed.
Tenants did not sufficiently prove that the NORI was served late.

⚠️ Dispute summary

Dispute over the validity and timing of a rent increase notice.
Tenants claimed the notice was not served with required 90 days notice.

📑 Findings & determinations

Application filed within extended limitations period due to COVID-19.
Tenants failed to prove the allegations on a balance of probabilities.

💡 Summary points

Tenants alleged illegal rent increase without proper notice.
Landlord opposed the application, citing timely notice and procedural compliance.
Application dismissed due to tenants not proving their case.
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