Last updated: August 6, 2024
Ordered by Richard Campbell,Tribunals Ontario under Section 69, Residential Tenancies Act 2006
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Citation: Dotchin v Albrecht, 2022 CanLII 39873 (ON SCSM)
File Number: SC-21-00000398-0000
Application Date
Jan 2021
Hearing Date
May 2022
Order Date
May 4, 2022
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.
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.
Landlord argues tenant's claim is a collateral attack on the LTB order.
Tenant argues she is entitled to damages due to landlord's fraudulent conduct.
Tenant alleges landlord made fraudulent misrepresentations to LTB, resulting in invalid order.
Tenant did not appeal LTB order to Divisional Court.
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Rent Arrears
$25,510
Damages
$10,691
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Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
Cornwall tenant faces eviction for $11,391 in non-payment of rent.
LTB dismisses tenant's maintenance complaint against Toronto landlord, finding reasonable response to issues.
Landlord granted eviction order against tenant who caused damage and safety issues at residential complex.
Landlord wins non-payment case, but tenant granted conditional relief from eviction to repay $4,589.97 in arrears.
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