The appellant appealed a Small Claims Court decision dismissing his various claims against his former common law partner and her daughter for rent, parking, and other fees related to their occupation of his condominium.
The Divisional Court held that the Small Claims Court erred in finding that the Landlord and Tenant Board's prior eviction order extinguished the appellant's claim for occupation rent against the daughter for the period after the Board's order.
The appeal was allowed in part, awarding the appellant $23,000 in occupation rent against the daughter, while the dismissal of the remaining claims was upheld due to lack of jurisdiction and expired limitation periods.
