The plaintiff, a former tenant of a public housing corporation, sued the corporation and its lawyer after being evicted due to mould and water infiltration that rendered her unit uninhabitable.
The defendants brought motions to strike the statement of claim.
The court struck the claim against the lawyer, finding no cause of action exists against opposing counsel for actions taken in their client's interest.
The court also struck the claim against the corporation, finding the eviction issues were already decided by the Landlord and Tenant Board and any claim for rent abatement was statute-barred under the one-year limitation period in the Residential Tenancies Act.
The action was dismissed without leave to amend.
