Divisional Court Overturns LTB Jurisdiction Ruling: Trindade v. Jantzi, 2021
Divisional Court overturns LTB jurisdiction ruling, finding failure to consider abuse of process in parallel proceedings
Summarized by RentZenLast updated: August 16, 2024
Case Summary
Decision in favor of
landlord
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Hearing Date
Mar 2021
Order Date
Mar 16, 2021
Dispute Summary
The Landlord appealed a Landlord and Tenant Board order that concluded the Board had exclusive jurisdiction over the Tenants' application for rent abatement. The Landlord argued the application was an abuse of process given ongoing Superior Court proceedings. The Divisional Court allowed the appeal, finding the Board erred in law by not considering the abuse of process issue and by concluding the Tenants had no recourse in Superior Court.
Determinations
- The Board erred in law by not considering the abuse of process issue
- The Board erred in concluding the Tenants had no recourse in Superior Court
- The Tenants' application to the Board for rent abatement is an abuse of process
Case Study
The Divisional Court found the Board made two legal errors: 1) concluding it had no authority to decline jurisdiction over the Tenants' application, and 2) finding the Tenants would have no recourse in Superior Court. The Court held the Board should have considered whether the application was an abuse of process, given the ongoing Superior Court proceedings where the same issues could be raised.
Arguments and Actions
Landlord
Arguments
Landlord argued that the Residential Tenancies Act, 2006 does not apply, that the Tenants' application to the Board was an abuse of process given the Superior Court proceedings, and that the Tenants had 'attorned' to the jurisdiction of the Superior Court.
Actions
Landlord entered into an Occupancy Agreement with Tenants after issues arose with completing the sale of the property.
Tenant
Arguments
Tenants argued that the Residential Tenancies Act, 2006 applies to their relationship with the Landlord and sought rent abatement for the Landlord's alleged failure to provide heat during the tenancy.
Actions
Tenants made an initial payment of $750 under the Occupancy Agreement for the second half of August 2017, but made no further monthly payments.
Decision Summary
The Divisional Court allowed the Landlord's appeal, finding the Landlord and Tenant Board made legal errors in concluding it had exclusive jurisdiction over the Tenants' rent abatement application. The Court held that the Board should have considered whether the application was an abuse of process given the ongoing Superior Court proceedings. The Court dismissed the Tenants' application to the Board as an abuse of process.
Adjudicator Details
Divisional Court
Total Orders
16
Landlord Favorable
87.5%
Tenant Favorable
0.0%
Mutual Agreement
12.5%
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