Rickey Bailey v. Capreit Limited Partnership

(Ontario) (Civil) (By Leave)


Leases — Landlord and Tenant Board — Excessive noise alleged in adjacent unit by tenant —Tribunal ordering rent abatement and damages against landlord — Tenant seeking review of decision, and then bringing almost identical claim — Application of principles of res judicata, issue estoppel and cause of action estoppel — Does the application for leave to appeal raise an issue of public importance?


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The applicant, Mr. Bailey, appealed three decisions of the Landlord and Tenant Board (“LTB”), relating to his claim for damages and a rent abatement against his landlord, the respondent Capreit Limited Partnership. In a first decision, the LTB found that Mr. Bailey had established that he was subject to excessive noise in his rental contrary to s. 22 of the Residential Tenancies Act, 2006, S.O. 2006, c. 17, and was granted a rent abatement of $384 and damages of $1,584. Mr. Bailey disagreed with the damages award, and in a second decision, the LTB denied Mr. Bailey’s request for a review. In a third decision, Mr. Bailey made similar claims to those originally invoked before the LTB, but was denied relief on the basis of res judicata, issue estoppel and cause of action estoppel. The Divisional Court dismissed Mr. Bailey’s appeal. The court noted that the LTB considered all of the relevant factors in exercising its discretion to award general damages, and it accordingly found no legal errors in the LTB’s analysis that would permit it to remit the matter back to the LTB for reconsideration. The Court of Appeal denied Mr. Bailey’s motion for leave to appeal.

Lower Court Rulings

September 27, 2022
Ontario Superior Court of Justice

2022 ONSC 5487, DC-22-195, DC-22-196
Appeal from decisions of the Landlord and Tenant Board dismissed
April 24, 2023
Court of Appeal for Ontario

Motion for leave to appeal dismissed