Lungo v Ehioghae

Tenant wins · 2015-08-25

Adjudicator

J. Sebastian Winny

Dispute

Damage to Property

Landlord

T.L.

Tenant

M.E., S.T.

What happened

Landlord sued former tenants for $5,584.77 in damages to the rental unit and an unpaid water bill. The matter had previously been heard by the Landlord and Tenant Board, where the landlord was largely unsuccessful. The landlord then filed a claim in Small Claims Court for the same damages.

The ruling

The court set aside the default judgment and dismissed the landlord's claim for want of jurisdiction. The court determined that the Landlord and Tenant Board had exclusive jurisdiction over the matter, and that the issues were res judicata as they had already been decided by the Board.