CAPREIT LIMITED PARTNERSHIP v. GRIFFIN

Landlord wins · Brampton · 2016-08-16

Adjudicator

Justice Joseph M. Fragomeni

Dispute

Damage to Property, Non-payment of Rent

Landlord

CAPREIT LIMITED PARTNERSHIP

Tenant

S.G.

Landlord rep

R. Winterstein

What happened

Landlord filed a claim in Small Claims Court for $23,214.95 in damages to the rental unit caused by the tenant after the tenancy was terminated. The Small Claims Court judge dismissed the claim for lack of jurisdiction, which the landlord appealed.

The ruling

The Superior Court allowed the landlord's appeal, set aside the Small Claims Court order dismissing the claim, and remitted the matter back to Small Claims Court for a hearing before a different judge. The court found that the Small Claims Court has jurisdiction to hear damage claims after a tenant has vacated, and that the judge erred in finding a second LTB hearing occurred.