Case information
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40909
Rickey Bailey v. Capreit Limited Partnership
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2025-01-31 | Close file on Leave | |
| 2024-11-15 | Correspondence (sent by the Court) to, Nothing further letter sent to Rickey Bailey | |
| 2024-11-04 | Correspondence (sent by the Court) to, parties (by email) | |
| 2024-11-04 | Reconsideration not accepted for filing | |
| 2024-10-10 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2024-05-03 | Motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2024-05-14 | Rickey Bailey |
| 2024-04-04 | Judgment on leave sent to the parties | |
| 2024-04-04 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-22-OM-0067, dated April 24, 2023, is dismissed. Dismissed |
|
| 2024-04-04 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-02-19 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-19 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-09-22 | Letter advising parties of a complete application for leave to appeal | |
| 2023-08-24 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2023-09-22 | Rickey Bailey |
| 2023-07-04 | Certificate (on limitations to public access), Public access to information form | Rickey Bailey |
| 2023-06-23 |
Application for leave to appeal, (Book Form), FILED: - Supporting documents - EVIDENCE (Exhibits 1 to 40) REQUIRED: - Amended notice of application (citing the right section of law) - Motion to extend time to file and serve the application (rec'd 2023-08-24) - Proof of service (rec'd 2023-07-04), Completed on: 2023-09-22 |
Rickey Bailey |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Bailey, Rickey | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Capreit Limited Partnership | Respondent | Active |
Counsel
Party: Bailey, Rickey
This party is not represented by counsel.
Party: Capreit Limited Partnership
Counsel
100 Sheppard Avenue East, Suite 870
Toronto, Ontario
M2N 6N5
Telephone: (416) 512-2557 Ext: 229
FAX: (416) 512-8710
Email: tduggan@hldlawyers.com
Summary
Keywords
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?
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
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
Ontario Superior Court of Justice
2022 ONSC 5487, DC-22-195, DC-22-196
Appeal from decisions of the Landlord and Tenant Board dismissed
Court of Appeal for Ontario
COA-22-OM-0067
Motion for leave to appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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