Beamish v Bowers

Landlord wins · Peterborough · 2025-12-03

Adjudicator

Elena Jacob

Dispute

Abuse Of Process, Tenant Rights

Notice

Tenant rights (T2)

Landlord

R.B.

Tenant

D.B., A.B.

What happened

The Tenants applied for an order determining that the Landlord substantially interfered with their reasonable enjoyment of the rental unit. However, it was discovered that the Tenants had previously filed a T6 maintenance application involving the exact same allegations and remedies, which resulted in a consent order where the Landlord paid the Tenants $1,000 in full settlement.

The ruling

The Tenants' application is dismissed. The Board determined that the matter had already been resolved through a prior settlement involving the same facts and claims. Consequently, the legal principle of res judicata prevents the Tenants from pursuing the same claim again.