The appellants appealed a Small Claims Court judgment regarding arrears of rent, utilities, and maintenance charges for a land lease community.
The trial judge had dismissed most claims, finding they fell under the exclusive jurisdiction of the Landlord and Tenant Board (LTB) as rent.
The Divisional Court found the trial judge erred by failing to treat a prior LTB consent order—which declined jurisdiction over current claims and deferred them to Small Claims Court—as final and binding.
The appeal was allowed in part, awarding the appellants additional damages for utility arrears up to the date of the LTB order, and costs of the trial.
