What are the reasons why a landlord can charge a tenant for the use of a suite meter?

Ontario, Canada


The following excerpt is from Finney v Cepovski, 2015 CanLII 48918 (ON SCSM):

14. I reviewed this issue in more detail in Luu v. O’Sullivan, [2012] O.J. No. 3185 (Sm. Cl. Ct.), at para. 33-43, and adopt those reasons for purposes of this case, including the comments on the suite meter amendments to the Act and new s. 138. That provision deals with the installation of new meters during an existing tenancy and the right of the landlord in such a case to charge the tenant for utilities, on notice, with the written consent of the tenant and subject to a reduction of the existing base rent. Section 138(2) provides that where a landlord charges for a portion of a utility provided under s. (1), the utility shall not be considered a service falling within the definition of “rent” in s. 2(1). That section does not apply to the arrangement in the case at bar.

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