Heafy v Craig

Landlord wins · 2020-01-31

Adjudicator

H. Witteveen

Dispute

Tenant'S Property After Tenancy Termination

Landlord

D.C.

Tenant

K.H.

Landlord rep

S. Taylor

Tenant rep

L. Musci

What happened

The tenant filed a claim in Small Claims Court for the return of his property valued at $25,000 that was left on the rental premises after the tenancy was terminated. The landlord brought a motion to dismiss the action, arguing that the Landlord and Tenant Board has exclusive jurisdiction over the matter under the Residential Tenancies Act.

The ruling

The court granted the landlord's motion on the basis that the Landlord and Tenant Board has exclusive jurisdiction over the subject matter of the claim. However, the court stayed the action, allowing it to be revived if the tenant can demonstrate that the LTB has refused jurisdiction over the matter. No costs were awarded due to conflicting decisions on the jurisdictional issue.