The appellant appealed a Small Claims Court judgment holding him liable for rent arrears and property damage.
The appellant had signed a residential lease for a friend but never occupied the unit.
He argued he was not a tenant, the lease was assigned, and the Small Claims Court lacked jurisdiction because the Landlord and Tenant Board has exclusive jurisdiction over such matters.
The Divisional Court dismissed the appeal, finding the appellant was a tenant who failed to terminate the lease, and confirmed that the Small Claims Court has jurisdiction over claims for arrears and damages when the tenant is no longer in possession of the rental unit.
