The appellants, former tenants, appealed a Small Claims Court judgment awarding the respondent landlord rental arrears, repair costs, and costs.
The appellants argued the Landlord and Tenant Board had exclusive jurisdiction because the landlord had served a Form N4 Notice to End a Tenancy.
The Divisional Court dismissed the appeal, finding that under section 87 of the Residential Tenancies Act, 2006, the Board loses jurisdiction to hear an application for rental arrears once the tenants vacate the premises, thereby giving the Small Claims Court jurisdiction.
The court also upheld the trial judge's costs award.
