Luu v O'Sullivan

Split/Other wins · Kitchener · 2012-07-10

Adjudicator

J. Sebastian Winny

Dispute

Damage to Property, Defamation, Harassment, Non-payment of Rent

Notice

Non-payment of rent (N4)

Landlord

C.M.L.

Tenant

P.C.O., I.O.

What happened

The landlord, Chi My Luu, filed a claim in Small Claims Court against the tenants, Peter Cian O'Sullivan and Ingrid O'Sullivan, for unpaid utilities and property damage. The tenants remained in possession of the rental unit and filed a counterclaim against the landlord. The key issue was whether the case fell within the exclusive jurisdiction of the Landlord and Tenant Board.

The ruling

The Small Claims Court dismissed both the landlord's claim and the tenants' counterclaim for lack of jurisdiction, as the dispute fell within the exclusive jurisdiction of the Landlord and Tenant Board.