Ranieri v Price

Split/Other wins · Smiths Falls · 2025-06-27

Adjudicator

Vicky Liu

Dispute

Damage to Property

Notice

Damage (N5)

Landlord

F.R.

Tenant

J.P., B.B.

Landlord rep

Donna M Dames

Tenant rep

James Kafieh

What happened

The Landlord applied to terminate the tenancy and for compensation regarding damages allegedly caused by the Tenants. This was the third application filed by the Landlord involving these parties and/or the same subject matter. During the hearing, the Landlord sought to withdraw the application. The Tenants requested that the withdrawal be made 'with prejudice,' arguing that the Landlord's repeated filings and withdrawals constituted an abuse of process. The Landlord countered that the merits of the case had never been heard.

The ruling

The Landlord's application for termination and damages is dismissed as withdrawn. The dismissal is 'without prejudice', meaning the Landlord retains the right to file future applications regarding the same issues, as the LTB determined the request to withdraw did not constitute an abuse of process despite the history of previous withdrawals.