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.