Rumpel v Loohuizen

Landlord wins · 2017-06-19

Adjudicator

Paul J. Brett

Dispute

Damage to Property, Non-payment of Rent

Amount

$5-10K

Landlord

H.L., W.S.

Tenant

C.R.

What happened

The Tenant filed a claim in Superior Court for repayment of a loan and other expenses. The Landlords filed a counterclaim for unpaid rent, utilities, and damages to the rental unit. The case was transferred to Small Claims Court. The Tenant then filed a motion to dismiss the Landlords' counterclaim, arguing it should have been brought before the Landlord and Tenant Board.

The ruling

The court dismissed the Tenant's motion to dismiss the Landlords' counterclaim, ruling that the Small Claims Court has jurisdiction over claims for rent arrears and damages when the tenant is no longer in possession of the rental unit. The Landlords' counterclaim can proceed in Small Claims Court.