What factors are considered by the Court in deciding whether to allow a plaintiff to sue for damages in a separate action against a landlord?
Ontario, Canada
The following excerpt is from Luu v O’Sullivan, 2012 CanLII 98396 (ON SCSM):
31. The other factor which I consider particularly significant is Justice Rutherford’s observation in Crooks v. Levine, supra, that “it would be unfortunate and poor policy to force a litigant to split was is, effectively, one dispute and pursue remedies against a landlord in two arenas.” I am in respectful but nevertheless complete agreement with that opinion.
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