Vaney v. CAPREIT

Landlord wins · 2020-06-15

Adjudicator

D.L. Corbett J.

Dispute

Judicial Review

Landlord

C.

Tenant

V.

Tenant rep

Ben Fulton

What happened

Tenant filed an application for judicial review of a Landlord and Tenant Board decision before exhausting appeal rights under s.210 of the Residential Tenancies Act. The court dismissed the application as frivolous and vexatious, as it was bound to fail in the form it was brought.

The ruling

The court dismissed the tenant's application for judicial review as frivolous and vexatious under R.2.02.1, without prejudice to an appeal pursuant to s.210 of the Residential Tenancies Act. The tenant was advised to bring an appeal within thirty days of this decision.