David Sundin

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.

The appellant landlord appealed a Small Claims Court decision dismissing her claims for utility arrears, maintenance charges, and rent against the respondent tenant.

The parties had previously appeared before the Landlord and Tenant Board (LTB), which issued a consent order declining jurisdiction over current claims but retaining jurisdiction over future invoices.

The Divisional Court found the trial judge erred in law by failing to treat the LTB order as final and binding.

The court awarded the appellant $292 for utility arrears incurred prior to the LTB order, upheld the dismissal of the maintenance charges and older utility claims due to the limitation period, and awarded the appellant costs of the trial.