The appellants appealed a Superior Court judgment regarding a cottage property lease, arguing for the first time on appeal that the Superior Court lacked jurisdiction because the Residential Tenancies Act applied and gave exclusive jurisdiction to the Landlord and Tenant Board.
The Court of Appeal held that the Superior Court had jurisdiction over the equitable and monetary relief claimed, which exceeded the Board's jurisdiction.
The Court further declined to allow the appellants to raise the new statutory argument on appeal, citing the lack of a factual record, prejudice to the respondents, and the interests of finality.
The appeal was dismissed.
