Dotchin v Albrecht

Landlord wins · 2022-05-04

Adjudicator

Richard Campbell

Dispute

Damage to Property

Landlord

R.A., R.A.

Tenant

D.D.

Landlord rep

Travis Dyk

Tenant rep

Elizabeth Anani

What happened

Tenant Dana Dotchin alleges that the Landlord Rick Albrecht made fraudulent misrepresentations to the Landlord and Tenant Board (LTB), resulting in an LTB order that Dotchin claims is invalid. Dotchin is seeking damages from the landlord for enforcing the LTB order, including increased rent and moving expenses.

The ruling

The plaintiff's claim is dismissed, as it amounts to a collateral attack on the LTB order, which the Small Claims Court lacks jurisdiction to disturb. The plaintiff must pursue any issues with the LTB order through the proper appeal channels.