Trindade v. Jantzi

Landlord wins · 2021-03-16

Adjudicator

Favreau J.

Dispute

Jurisdiction, Rent Abatement

Landlord

M.T., Z.F.

Tenant

A.J., B.J., D.J., R.J., R.J., A.J.

Landlord rep

Bernie Romano, Jordan Nussbaum, Saveria Romano

Tenant rep

Juliet Montes

What happened

The Landlord appealed a Landlord and Tenant Board order that concluded the Board had exclusive jurisdiction over the Tenants' application for rent abatement. The Landlord argued the application was an abuse of process given ongoing Superior Court proceedings. The Divisional Court allowed the appeal, finding the Board erred in law by not considering the abuse of process issue and by concluding the Tenants had no recourse in Superior Court.

The ruling

The Divisional Court allowed the Landlord's appeal, finding the Landlord and Tenant Board made legal errors in concluding it had exclusive jurisdiction over the Tenants' rent abatement application. The Court held that the Board should have considered whether the application was an abuse of process given the ongoing Superior Court proceedings. The Court dismissed the Tenants' application to the Board as an abuse of process.