Landlord Wins Small Claims Case: Dotchin v Albrecht 2022
Small Claims Court dismisses tenant's damages claim against landlord for enforcing LTB order, ruling it's a collateral attack
Summarized by RentZenLast updated: August 6, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
May 2022
Order Date
May 4, 2022
Dispute Summary
Tenant Dana Dotchin alleges that the Landlord Rick Albrecht made fraudulent misrepresentations to the Landlord and Tenant Board (LTB), resulting in an LTB order that Dotchin claims is invalid. Dotchin is seeking damages from the landlord for enforcing the LTB order, including increased rent and moving expenses.
Determinations
- LTB order incorporated findings of significant rent arrears
- Dotchin requested LTB review, but order was upheld
- Dotchin chose not to appeal LTB order to Divisional Court
- Dotchin's claim seeks to avoid consequences of LTB order
- Small Claims Court lacks jurisdiction to disturb LTB order
Case Study
The court found that Dotchin's claim amounted to a collateral attack on the LTB order, which is not permitted. The court cannot disturb the LTB order, and Dotchin's only recourse was to appeal the order through the proper channels, which she did not do.
Arguments and Actions
Landlord
Arguments
Landlord argues tenant's claim is a collateral attack on the LTB order.
Tenant
Arguments
Tenant argues she is entitled to damages due to landlord's fraudulent conduct.
Actions
Tenant alleges landlord made fraudulent misrepresentations to LTB, resulting in invalid order.
Procedural Errors
Tenant did not appeal LTB order to Divisional Court.
Decision Summary
The plaintiff's claim is dismissed, as it amounts to a collateral attack on the LTB order, which the Small Claims Court lacks jurisdiction to disturb. The plaintiff must pursue any issues with the LTB order through the proper appeal channels.
Adjudicator Details
LTB Member
Total Orders
1
Landlord Favorable
100.0%
Tenant Favorable
0.0%
Mutual Agreement
0.0%
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Financial Details
Rent Arrears
$25,510
Damages
$10,691
Source
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