Bye Estate v. Adair

Landlord wins · McDougall · 2020-12-02

Adjudicator

A.D. Kurke

Dispute

Tenant Rights

Landlord

P.A., P.A., D.A.

Tenant

S.B.

Landlord rep

D. Williams

Tenant rep

D.A. Thomson

What happened

The Estate of Sam Bye appealed a Small Claims Court ruling that dismissed their claim for compensation for property allegedly withheld by the landlords. The Small Claims Court had ruled that the matter was within the exclusive jurisdiction of the Landlord and Tenant Board.

The ruling

The Divisional Court dismissed the appeal, affirming that the Landlord and Tenant Board had exclusive jurisdiction over the dispute concerning the deceased tenant's belongings. The court ruled that the appellant's participation in the Board's mediation process and failure to seek reopening within the one-year limitation period precluded litigation in another forum.