Part 46 published on 01/05/14
Court action stayed pending determination of jurisdiction of the Director under The Residential Tenancies Act
The condominium corporation had liened the owner’s unit for alleged losses suffered due to a frozen pipe. The owner of the unit started this action, seeking a declaration that the lien was invalid. In the alternative, the owner sought damages against the owner’s tenant on the grounds that the tenant had caused the damage by leaving the window open.
The tenant asked the Court to stay the court proceedings because – this being a landlord and tenant dispute – the matter fell within the exclusive jurisdiction of the Director under The Residential Tenancies Act. The Court agreed to stay the court proceedings. The court said:
In view of the very broad legislative jurisdiction granted to the director under The Residential Tenancies Act and the very clear direction by the court of appeal in J & R Property Management in respect of the courts deferring to the jurisdiction granted by that statute where there is a landlord and tenant relationship, and even where a third party is involved, I am of the view that the director should be asked to consider whether that official has jurisdiction over this dispute under the authority of The Residential Tenancies Act.
…
In the result, I would stay the proceedings in this court and direct that the parties refer this matter to the director under The Residential Tenancies Act for an investigation and, if possible, a determination or a resolution under the provisions of The Residential Tenancies Act.