Stefanizzi v. Landlord and Tenant Board (Ontario)

Tenant wins · Sault Ste. Marie · 2016-11-09

Adjudicator

Louise L. Gauthier

Dispute

Maintenance, Substantial Interference

Landlord

J.S., L.S.

Tenant

T.J., B.C.

What happened

Tenants applied to the LTB for an order determining that Landlords failed to meet their obligations under the Residential Tenancies Act, 2006, or failed to comply with health, safety, housing or maintenance standards. Tenants also alleged that Landlords harassed, obstructed, coerced, threatened or interfered with them and substantially interfered with their reasonable enjoyment of the rental unit. Landlords challenged the LTB's jurisdiction to hear the case.

The ruling

The court dismissed the appeal filed by Landlord, finding it to be frivolous and an abuse of process. The appeal incorrectly named the LTB as respondent instead of the Tenants, and sought relief not available in an appeal of an LTB decision. The court ruled that the proper forum for Landlord's complaints against the LTB would be a claim under the Proceedings Against the Crown Act, not an appeal to the Divisional Court.