Final

Question 1

Ghearghiu v. Zapata, which statute was the case decided?

Answer 1

Part 4 of Landlord and Tenant Act

Question 2

Manufacturer Life Property Corp. v. Senkous, how many times was the tenant late in paying the rent?

Answer 2

25 payments

Question 3

Module 7, what case did the landlord file for eviction due to tenant misrepresenting their income?

Answer 3

Greater Sudbury Housing Authority v. Racicot

Question 4

Under section 105(1), what type of security deposit may a landlord ask for?

Answer 4

Rent deposit

Question 5

Mitchell v. Kathringer, what was the common defence that the tenants raised against the landlord’s claim for damages?

Answer 5

Reasonable wear & tear

Question 6

Under section 106(6), what is the formula for determining how much interest a landlord has to pay annually on the rent deposit?

Answer 6

Same as the guideline determined by when payment is due

Question 7

Module 5, which case deals with the amount of information that a landlord has to put in notice to make Tenant correct their rent?

Answer 7

Ball v. Metro Capital

Question 8

In module 8, which case deals with a superintendent who got terminated and then became a tenant?

Answer 8

Stewart-Kerr Properties Ltd. v. Fitzgerald

Question 9

What is the lawful rent?

Answer 9

Hallmark of the system - whatever a landlord charges a new tenant is lawful rent

Question 10

Under section 119, how often can a landlord increase rent?

Answer 10

Once every 12 months

Question 11

Under section 116, what is the minimum amount of notice that a landlord must give the tenant regarding a rent increase?

Answer 11

Minimum 90 days

Question 12

Module 14, which case said there was no limit period regarding the payment of last month’s rent interest?

Answer 12

Ontario Ltd. v. Tirado

Question 13

Module 3, which case dealt with a “professional” tenant that avoided paying rent?

Answer 13

Orlando v. Duquetter

Question 14

Module 3, which court of Appeal decision dealt with a tenant who illegally converted the basement into an apartment without necessary permits?

Answer 14

Samuel Properties Management Ltd. v. Nicholson

Question 15

Under section 121, what is the maximum amount that a tenant can agree to for rent increase for additional services?

Answer 15

Guideline + 3%

Question 16

Under Rule 23, what is the maximum amount of costs that an adjudicator may award?

Answer 16

$700

Question 17

Smolcec v. Longhouse Village Inc., what did the adjudicator do that was considered a fundamental denial of justice?

Answer 17

The member issued a decision after the appeal was filed

Question 18

Toronto Community Housing v. Sabrie, what was the real reason for the tenants absence from the Tribunal?

Answer 18

He was admitted to Humber River Regional Hospital for psychiatric help (April 1-9)

Question 19

Under section 97(3) of Re Geeves & Keewatin Management, how much can a landlord ask for when agreeing to sublet?

Answer 19

Landlord may only charge for their reasonable out-of-pocket expenses incurred in giving consent to subletting

Question 20

Section 124, when can an agreement may be void?

Answer 20

Entered into as a result of coercion or a false, incomplete or misleading representation by the landlord

Question 21

Section 126, when can a landlord apply for a rent increase above the guidelines

Answer 21

1) An extraordinary cost increase for municipal taxes and charges
2) Eligible capital expenditures incurred
3) Operating costs related to security services provided

Question 22

Section 210(1), under what circumstance can you appeal to the Divisional Court?

Answer 22

Any person affected by an order of the Board may appeal the order within 30 days after being given the order, only on a question of law

Question 23

Section 233, what is the English equivalent to evict someone under s. 233?

Answer 23

Offences requiring knowledge

Question 24

Section 83, when must an adjudicator refuse an eviction application?

Answer 24

1) If landlord is in serious breach of landlord’s responsibilities under the Act or in the tenancy agreement
2) If reason for application is that the tenant complained to the government about landlord’s violation of a law dealing with health, safety, housing or maintenance standards
3) Reason for application is that the tenant has attempted to secure or enforce their legal rights
4) Reason for application is that the tenant is a member of a tenants’ association or is attempting to organize such an organization
5) Reason for application is that the rental unit is occupied by children
6) Board must review circumstances of application
7) If proceeding regrading res occupation, demolition, conversion to non-residential rental use, renovations or repairs
8) No eviction before compensation, repair or renovation

Question 25

Downie v. Nanda, what is the legal principle that allows the insurance company to sue on behalf of the landlord?

Answer 25

Subrogation