Wu v. Adler

Landlord wins · 2022-01-10

Adjudicator

S.T. Bale J.

Dispute

Damage to Property, Non-payment of Rent

Amount

>$20K

Landlord

J.H.W.

Tenant

N.A., G.Y.

Landlord rep

Christopher Belsito

Tenant rep

Timothy Duggan, Paneet Bhandal

What happened

The landlord sued the tenants in Small Claims Court for rental arrears and damages after the tenants had vacated the rental unit. The defendant George Yanovski appealed the Small Claims Court judgment holding him liable, arguing he was not a tenant and the Small Claims Court lacked jurisdiction.

The ruling

The Divisional Court dismissed Yanovski's appeal, upholding the Small Claims Court judgment that found him liable as a tenant for rental arrears and damages. The court ruled that Yanovski was a tenant under the Residential Tenancies Act, the Small Claims Court had jurisdiction to hear the case, and the claim was not barred by res judicata or cause of action estoppel.