The appellant tenant was evicted and his belongings disposed of while he was out of the country, due to a rent arrears dispute arising from a prematurely deposited post-dated cheque.
After the Landlord and Tenant Board (LTB) upheld the eviction and found no illegal conduct by the landlords, the appellant sued the landlords in Superior Court for damages.
The motion judge struck the statement of claim as an abuse of process because the issues had already been decided by the LTB.
The Court of Appeal dismissed the appeal, confirming that the LTB had exclusive jurisdiction over the matter and the proper route was to appeal the LTB decision to the Divisional Court.
