Quail v Smalls

Tenant wins · Arva · 2025-11-07

Adjudicator

Richard Ferriss

Dispute

Damage to Property, Review Order

Notice

Personal use (N12)

Landlord

L.Q.

Tenant

D.S., S.S., J.P.

What happened

The Landlord applied for a review of a previous LTB order which dismissed their application for property damages. The original application was dismissed on the grounds that the Board lacked jurisdiction because the application was filed more than one year after the Tenants had vacated the rental unit. The Landlord contested the move-out date but provided no evidence to contradict the Tenants' testimony that they vacated on February 19, 2023.

The ruling

The Landlord's request to review the order dated October 8, 2025, is denied. The original order, which dismissed the Landlord's application for damages because it was filed beyond the one-year limitation period, is confirmed and remains unchanged.