Wright v. Maliartchouk

Landlord wins · 2019-09-17

Adjudicator

Glithero J.

Dispute

Damage to Property, Illegal Act

Landlord

N.M., V.M.

Tenant

N.W.

Landlord rep

Daniel Yudashkin

Tenant rep

John David Ekpenyong

What happened

Tenant claimed landlords unlawfully entered her apartment, harassed her, and removed her possessions before the end of her tenancy. She sought compensation for the value of items allegedly taken, including jewelry and electronics. The Landlord and Tenant Board dismissed her application, finding she failed to prove or mitigate damages by not attempting to retrieve her belongings. Tenant appealed the Board's decision to the Divisional Court.

The ruling

The Divisional Court dismissed the tenant's appeal of the Landlord and Tenant Board decision. The Court found no errors of law in the Board's dismissal of the tenant's application for compensation, agreeing that the tenant failed to prove or mitigate her damages by not attempting to retrieve her belongings.