Brydges v Johnson

Landlord wins · Guelph · 2016-01-08

Adjudicator

K.J. Kelertas

Dispute

Damage to Property, Non-payment of Rent

Amount

>$20K

Landlord

R.B.

Tenant

D.J., A.P.

Landlord rep

J. B. Pietrangelo

Tenant rep

David Johnson, Alice Parker

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants due to breach of a City by-law. The Board ordered the tenants to vacate the premises, but the tenants challenged the eviction process. After the eviction order was enforced, the landlord claimed rent arrears and damages to the rental unit.

The ruling

The Small Claims Court has jurisdiction to hear the landlord's claim for rent arrears and damages to the rental unit, but the tenant's claim for damages related to the seizure and disposal of their property is within the exclusive jurisdiction of the Landlord and Tenant Board.