Overview:

• Issue: Negligence claim against real estate agents for failing to vet tenants who caused extensive property damage.

Facts:

• Plaintiff, Ms. Carola, leased her Cumberland property through the defendants.
• The tenants recommended by the defendants caused significant damage and were involved in criminal activity.
• Issues included:
  • Fraudulent identification used by tenants.
  • Criminal record and property destruction.
  • Unpaid rent and harassment.
  • Major damages discovered after tenants vacated in July 2021.

Legal Motion:

• Defendants sought dismissal under three grounds:
  1. Exclusive Jurisdiction: Claimed the matter falls under the Landlord and Tenant Board (LTB).
  2. Limitation Period: Alleged the claim was filed too late.
  3. No Reasonable Cause of Action: Asserted the claim was baseless.

Court Findings:

1. Jurisdiction:

   • The LTB’s jurisdiction is limited to tenant-landlord matters; it does not cover negligence by real estate agents.
   • The plaintiff’s claims of negligence fall outside the LTB’s scope.

2. Statute of Limitations:

   • Damage extent was only discovered in July 2021. The action, filed in June 2023, was within the two-year limit under the Limitations Act.

3. Reasonable Cause of Action:

   • Plaintiff’s claim sufficiently alleges negligence:
     • Duty of care owed by defendants.
     • Breach of that duty (failure to conduct proper tenant vetting).
     • Resulting damages.

Outcome:

• Motion Dismissed: The plaintiff’s claim was allowed to proceed.
• No monetary award granted at this stage.