Last updated: August 16, 2024
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Citation: Hu v Lee, 2016 CanLII 63650 (ON SCSM)
File Number: 1106/15 & 1106D1/15
Tenancy End Date
Apr 2014
Hearing Date
Sep 2016
Order Date
Sep 12, 2016
The court reserved its decision on jurisdiction over both the tenant's claim and the landlord's counterclaim until the end of the trial. The court requires evidence on the discovery of alleged damages and the merits of both parties' claims to determine if the Landlord and Tenant Board would have had exclusive jurisdiction.
Tenant claims $1,250 for a post-dated cheque deposited by Landlord after tenancy ended, and $355.13 for floor repairs. Landlord counterclaims for $11,868.15 in damages caused by Tenant's dogs and loss of rent after early termination.
Landlord argues that the Small Claims Court has jurisdiction over her claim as she could not have discovered the damage before the tenant vacated the unit.
Landlord admits depositing the $1,250 post-dated cheque by accident. Landlord alleges she attempted to arrange an inspection of the unit but was unsuccessful until after the tenant moved out.
Tenant claims entitlement to $1,250 for a post-dated cheque deposited by the landlord after the tenancy ended, and $355.13 for floor repairs based on an alleged oral agreement.
Tenant vacated the rental unit on April 30, 2014, pursuant to an agreement to terminate the tenancy early.
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Damages
$11,868
Other Amount
$1,250
Post-dated cheque deposited by landlord
Click to switch between order outcomes
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.
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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