What is the test for determining whether a landlord's application is successful because of the tenant's resistance to rent increases?
Ontario, Canada
The following excerpt is from Okoye v. De Melo, 2021 ONSC 6201 (CanLII):
The Member considered the relevant RTA provisions. He distinguished Barnum v. Parker [2014] O.J. No. 1294 (Div. Ct.), where the court found that the only logical conclusion was that the landlord's application was brought because of the tenants' successful resistance to rental increases. He found that was not the case here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors are considered to be determinative in determining whether a person will be successful in their claim to be a property owner? (Ontario, Canada)
Can a landlord obtain equitable relief from a tenant where the tenant sub-leased part of the premises without the landlord's consent? (Ontario, Canada)
What is the test for determining whether an application has a reasonable prospect of success following a summary hearing? (Ontario, Canada)
What is the test for determining whether an application has a reasonable prospect of success? (Ontario, Canada)
What is the legal test used to determine whether an application has a reasonable prospect of success following a summary hearing? (Ontario, Canada)
What is the test for determining whether an application has no reasonable prospect of success? (Ontario, Canada)
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
What is the test for determining whether there is a substantial likelihood of success at trial? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
Can a landlord obtain damages from a tenant for damage caused to the roof of a residential unit where the tenant is no longer paying rent? (Ontario, Canada)
