Lamarche v Ko

Tenant wins · Toronto · 2016-09-26

Adjudicator

J PRATTAS DJ

Dispute

Breach of Conditions

Amount

<$5K

Landlord

C.K.

Tenant

M.L., J.L.

Landlord rep

Sam Ursino

What happened

Tenants filed a claim for damages after Landlord failed to give possession of the rental unit as agreed in the lease. Landlord brought a motion to strike the claim, arguing the matter should be heard by the Landlord and Tenant Board. The court ruled it has jurisdiction to hear the case as a breach of contract matter, since no tenancy began due to Landlord's anticipatory breach.

The ruling

The court dismissed the landlord's motion to strike the tenants' claim for lack of jurisdiction. The judge ruled that the Small Claims Court has jurisdiction to hear the case as a breach of contract matter, since no tenancy began due to the landlord's anticipatory breach in refusing to give possession of the unit. The case will proceed to a Settlement Conference. Costs of $275 were awarded to the tenants.