Macdougall v Shiplake Properties

Landlord wins · Toronto · 2025-04-30

Adjudicator

Nancy Morris

Dispute

Harassment, Substantial Interference

Landlord

Shiplake Properties

Tenant

K.M.

Landlord rep

A. Faria, G. Paine

What happened

A Tenant filed an application alleging harassment by the Landlord over attempts to collect a $150.00 monthly parking charge. This issue had already been decided in the Landlord's favor in a previous LTB order, which was also upheld after the Tenant requested a review. The current application was heard and ultimately dismissed by the adjudicator on the legal principle of res judicata, meaning the matter had already been judged.

The ruling

The Tenant's application alleging harassment is dismissed. The adjudicator determined the matter was res judicata, as the core issue regarding parking fees had already been decided in the Landlord's favor in a prior case. A request by the Landlord for $700.00 in costs was denied because the adjudicator found the Tenant was sincere in his mistaken belief and his conduct did not meet the threshold for 'unreasonable conduct' under the Board's Rules.