Kim v Zucker

Landlord wins · Toronto · 2016-04-21

Adjudicator

J Prattas

Dispute

Damage to Property

Amount

$10-20K

Landlord

K.K.

Tenant

J.Z., J.S.

Landlord rep

C. Nastas

Tenant rep

B. Lockwood

What happened

Landlord filed a claim in Small Claims Court for property damages caused by a water leak in the rental unit. The tenant brought a motion to strike the claim, arguing it should have been brought before the Landlord and Tenant Board. The court ruled it had jurisdiction to hear the claim as the tenant had already vacated the premises when the claim was filed.

The ruling

The court dismissed the tenant's motion to strike the landlord's claim for lack of jurisdiction. The court ruled it has jurisdiction to hear the claim for property damages as the tenant had already vacated the premises when the claim was filed. The matter will proceed to a Settlement Conference. Costs of $350 were awarded to the landlord.