The tenant appealed a decision of the Ontario Rental Housing Tribunal, which had dismissed his claim for general damages on the basis that it lacked jurisdiction.
The tenant and his family had been assaulted by the landlord's friends in an attempt to force them to vacate, breaching the covenant of quiet enjoyment.
The Divisional Court held that the Tribunal erred in law, finding that the residual power to 'make any other order that it considers appropriate' under the Tenant Protection Act includes the jurisdiction to award damages for breach of contract.
The Court allowed the appeal and awarded the tenant $4,000 in damages.
