Letestu v. Ritlyn Investments

Landlord wins · 2016-10-19

Adjudicator

James W. Sloan

Dispute

Maintenance

Landlord

Ritlyn Investments Limited

Tenant

E.O.A.L.

Landlord rep

Kieran C. Dickson, Kenneth J. Raddatz

Tenant rep

Joel P. McCoy

What happened

The estate of a deceased tenant sued the landlord for injuries allegedly sustained when the tenant tripped over worn and unsecured carpet in his apartment. The landlord argued the Landlord and Tenant Board had exclusive jurisdiction over the matter and the claim was time-barred.

The ruling

The court dismissed the tenant's claim, finding that the Landlord and Tenant Board had exclusive jurisdiction over the matter and the claim was time-barred under the one-year limitation period in the Residential Tenancies Act.