Above the Guideline Increase Court Case Resulted in a Bill at Queens Park

40 tenants at Mallory Gardens (Yonge and St. Clair, Toronto) say their landlord pushed through a rent increase of more than 5%, over double the 2.1% provincial guideline, through an above-guideline increase (AGI) application.

It's not illegal, it's allowed!

AGI is known as procedural at the Board which means you basically file your paperwork and you'll be granted your AGI application.

The landlord, Westbury Rental Residences, claimed over $300,000 in building improvements. Tenants say they received no benefit from those upgrades and felt pressured into accepting the increase.

Ontario has now introduced Bill 82: the Protecting Renters from Unfair Above Guideline Rent Increases Act, 2026. Key changes if it passes:
👉️ Cosmetic upgrades and routine servicing cannot justify an AGI
👉️ Landlords must provide a professional report showing the work was needed for safety, structure, or essential services
👉️ Costs covered by government grants/rebates cannot be passed to tenants
👉️ The Landlord and Tenant Board (LTB) can deny an AGI if tenants already face affordability pressure

The bill takes effect 4 months IF it becomes law. Existing AGI applications continue under current rules. Or this bill could just die at Queens Park. TBD my friends.

This is Ontario-specific. Other provinces have their own rent increase and AGI rules. Check what applies in your area.

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