Louis Anthony Frapporti

The appellant landlord originally applied to the Ontario Rental Housing Tribunal under the Tenant Protection Act, claiming the respondent tenant breached the Act.

The Tribunal dismissed the application.

The appellant did not appeal but instead applied to the Superior Court for a declaration that the unit was a commercial tenancy.

The motions judge dismissed the application based on issue estoppel.

The Court of Appeal dismissed the appeal, finding that the Tribunal implicitly decided the unit was residential and the appellant could not resile from its initial position relying on the Tribunal's jurisdiction.

The appellant appealed the dismissal of its claim arising from the loss of part of a shipment of watches seized by Bahamian authorities after customs documentation was incorrectly completed.

The court held that the respondent carrier had contracted not only to provide customs clearance services but also to deliver the shipment with customs clearance to the consignee's business address.

The consignee's conduct in attempting to obtain customs clearance did not break the chain of responsibility because, for that purpose, it acted as the carrier's agent.

The appeal was allowed and judgment was directed for the full claim together with pre-judgment interest and costs.