The appellant landlord appealed a Small Claims Court decision that applied the two-year limitation period under the Limitations Act to a claim for residential rental arrears.
The Divisional Court allowed the appeal, holding that the six-year limitation period under section 17 of the Real Property Limitations Act applies to claims for rent between a landlord and tenant.
The court increased the judgment for rental arrears from $8,400 to the full claimed amount of $21,600 and awarded costs to the appellant.