PE Real Estate Solutions Inc. v. Kelly
Tenant wins · Windsor · 2021-06-29
- Adjudicator
- King J.
- Dispute
- Damage to Property, Eviction
- Notice
- Personal use (N12)
- Landlord
- PE Real Estate Solutions Inc.
- Tenant
- D.K., L.K.
- Landlord rep
- Daniel Grenier
- Tenant rep
- Karen Andrews
What happened
The landlord sought damages from the tenants for failing to vacate the rental property by July 31, 2018 as requested in an N12 notice, which caused the landlord to incur costs in extending the closing date for the sale of the property. The tenants appealed a Small Claims Court decision that awarded damages to the landlord.
The ruling
The Divisional Court allowed the tenants' appeal, reversed the Small Claims Court decision, and dismissed the landlord's claim for damages. The court found that the deputy judge erred in law by concluding that a cause of action existed outside the scope of the Residential Tenancies Act, and that the LTB settlement did not fully resolve all issues related to the tenancy termination.