Estoppel (LTB): Difference between revisions
No edit summary |
|||
| Line 10: | Line 10: | ||
===[http://canlii.ca/t/gw533 TST-74594-16-RV (Re), 2016 CanLII 88771 (ON LTB)]=== | ===[http://canlii.ca/t/gw533 TST-74594-16-RV (Re), 2016 CanLII 88771 (ON LTB)]=== | ||
14. The Tenant filed application TST-67983-15 on November 3, 2015. In that application the Tenant alleged that the Landlord illegally entered the rental unit on November 6, 2014. At the time that the Tenant filed application TST-67983-15, he was aware of the alleged illegal entry of June 8, 2015, which is the allegation in the current application. At the hearing, I explained that it appears that the illegal entry allegation in this application would be barred by the doctrine of cause of action estoppel, which is a branch of res judicata. Cause of action estoppel precludes a litigant from asserting a claim or a defence that he or she had an opportunity of asserting and should have asserted in past proceedings. | 14. The Tenant filed application TST-67983-15 on November 3, 2015. In that application the Tenant alleged that the Landlord illegally entered the rental unit on November 6, 2014. At the time that the Tenant filed application TST-67983-15, he was aware of the alleged illegal entry of June 8, 2015, which is the allegation in the current application. At the hearing, I explained that it appears that the illegal entry allegation in this application would be barred by the doctrine of cause of action estoppel, which is a branch of res judicata.<b><u>Cause of action estoppel precludes a litigant from asserting a claim or a defence that he or she had an opportunity of asserting and should have asserted in past proceedings.</b></u> | ||
Revision as of 01:44, 22 January 2020
NOT-07689-12 (Re), 2013 CanLII 41381 (ON LTB)
49. Estoppel by laches is defined in Black’s Law Dictionary as: a failure to do something which should be done or to claim or enforce a right at a proper time. To create “estoppel by laches” the party sought to be estopped must with knowledge of the transaction have done something to mislead the other party to his prejudice.
Cause of Action Estoppel
TST-74594-16-RV (Re), 2016 CanLII 88771 (ON LTB)
14. The Tenant filed application TST-67983-15 on November 3, 2015. In that application the Tenant alleged that the Landlord illegally entered the rental unit on November 6, 2014. At the time that the Tenant filed application TST-67983-15, he was aware of the alleged illegal entry of June 8, 2015, which is the allegation in the current application. At the hearing, I explained that it appears that the illegal entry allegation in this application would be barred by the doctrine of cause of action estoppel, which is a branch of res judicata.Cause of action estoppel precludes a litigant from asserting a claim or a defence that he or she had an opportunity of asserting and should have asserted in past proceedings.
