Brydges v Johnson

Split/Other wins · Guelph · 2016-01-08

Adjudicator

K.J. Kelertas

Dispute

Damage to Property, Non-payment of Rent

Landlord

R.B., P.B.

Tenant

D.J., A.P.

Landlord rep

J. B. Pietrangelo

What happened

Landlord claims arrears of rent and damages for repairs and cleaning after tenants were evicted. Tenants dispute the claims and counterclaim for improper seizure of property during eviction.

The ruling

The Small Claims Court has jurisdiction to hear the landlord's claim for rent arrears and damages that occurred after the tenants vacated. The tenants' counterclaim is dismissed as the Landlord and Tenant Board has exclusive jurisdiction over claims related to improper seizure of property during eviction. Portions of the tenants' defense related to improper seizure of property are struck. The case will proceed to trial on the remaining issues.