Birse v Barbara Pambianchi Holdings Inc.

Landlord wins · Shelburne · 2025-05-21

Adjudicator

Vladimir Nikitin

Dispute

Illegal Lockout, Substantial Interference

Landlord

Barbara Pambianchi Holdings Inc., B.P.

Tenant

A.B.

Landlord rep

Paolo Pambianchi

What happened

The Tenant filed an application alleging the Landlord illegally locked him out of his storage unit in 2018 and substantially interfered with his reasonable enjoyment. The Board found that this exact issue had already been decided in previous LTB files, where it was determined the Tenant failed to prove the locker was part of the tenancy agreement. Consequently, the current application was dismissed based on the legal principle of res judicata.

The ruling

The Tenant's application regarding an alleged illegal lockout from a storage unit and substantial interference is dismissed. The Board determined the matter was precluded by res judicata, as the same issue involving the same parties had been previously decided and found in favor of the Landlord. The Tenant was also cautioned against filing frivolous or vexatious applications.