D.E. Harris J.

The appellant landlord appealed a Small Claims Court decision dismissing its claim for property damage against former tenants for lack of jurisdiction.

The tenants had vacated the property on July 31, 2021.

The Divisional Court allowed the appeal, finding that under the amended Residential Tenancies Act, 2006, the Landlord and Tenant Board does not have jurisdiction over claims where the tenant vacated before September 21, 2021.

Therefore, the Small Claims Court has exclusive jurisdiction.

The matter was remanded to the Small Claims Court.

The appellants succeeded on a procedural ground in their appeal from a Small Claims Court judgment regarding unpaid wages.

They sought partial indemnity costs of $12,389.52.

The Divisional Court declined to award costs, finding that the appellants' conduct at trial was frivolous, vexatious, and designed to obstruct the respondent's rightful claim for wages.

The court held that the trial and appeal must be considered as one course of litigation, and the appellants' bad faith conduct justified depriving them of their costs despite their success on appeal.

The appellants appealed a Small Claims Court decision ordering them to pay the balance of a landscaping contract.

They argued the trial judge prejudged the case and improperly excluded the appellant husband from the courtroom during the plaintiff's evidence.

The Divisional Court found that the trial judge's preliminary comments raised a realistic concern of bias and that excluding a party without a request from opposing counsel violated Rule 52.06 of the Rules of Civil Procedure.

Concluding that these errors created an appearance of unfairness and a miscarriage of justice, the court allowed the appeal and ordered a new trial.