Rossi

The plaintiff, a former landlord, brought an action in Small Claims Court against former tenants for unpaid utility charges.

The defendants were noted in default, and the matter proceeded to an assessment hearing.

The court dismissed the action, finding that it lacked jurisdiction.

Under the Residential Tenancies Act, 2006, the Landlord and Tenant Board has exclusive jurisdiction over claims against former tenants for unpaid utilities.

The plaintiff commenced a Small Claims Court action against a real estate brokerage for unpaid commissions.

The plaintiff had previously brought an action against the team leader and another team member regarding the same commissions under a cooperation agreement, which was dismissed after a trial.

The court found that the current action was an attempt to re-litigate the same issues.

The action was dismissed on the basis of issue estoppel, cause of action estoppel, and abuse of process, as the plaintiff should have added the brokerage as a defendant in the first action or consolidated the two proceedings.