Finney v Cepovski

Tenant wins · 2015-08-11

Adjudicator

J. Sebastian Winny

Dispute

Damage to Property, Non-payment of Rent

Notice

Non-payment of rent (N4)

Amount

<$5K

Landlord

C.M.F.

Tenant

D.L.C.

What happened

Landlord filed a claim in Small Claims Court for $3,500.47 for damages to the rental unit and unpaid utilities after the tenant vacated following an LTB eviction order for non-payment of rent. The court dismissed the claim for lack of jurisdiction, ruling that these matters should have been addressed at the LTB.

The ruling

The Small Claims Court dismissed the landlord's claim for $3,500.47 for damages and unpaid utilities, ruling that it lacked jurisdiction over these matters. The court determined that both issues should have been addressed at the Landlord and Tenant Board hearing.