B.D. v. Northpoint Properties Limited

B.D. v. Northpoint Properties Limited

The tenants failed to prove the required link between B.D.'s deteriorated health and an inability to continue the tenancy under s.10C(1), and failed to prove the significant and demonstrable income reduction required by s.10B(1); clinical notes did not support a tenancy-related medical cause and no evidence quantified income loss, therefore the attempted early termination was ineffective and the landlord's claim for one month rent and fees stands subject to application of the security deposit.

Citation
2021 NSSM 31
Parties
Appellant (tenant): B.D.; Appellant (tenant): T.L.; Respondent (landlord): Northpoint Properties Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 August 2021
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal dismissed; Director of Residential Tenancies order confirmed with variation that landlord may retain security deposit and tenants must pay net sum.
Legal Topics
Early Termination for Medical Reasons, Physician's Certificate (form H), Income Based Termination (s.10 B), Mitigation of Damages, Security Deposit Offset, Evidentiary Sufficiency
Source Language
English
Residential Tenancies Act Landlord and Tenant Law Civil Procedure Early Termination for Medical Reasons Physician's Certificate (form H) Income Based Termination (s.10 B) Mitigation of Damages Security Deposit Offset +1 more

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Parties

B.D.

Appellant (tenant)

T.L.

Appellant (tenant)

Northpoint Properties Limited

Respondent (landlord)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether tenants validly terminated a fixed-term lease under s.10C(1) for medical reasons
  2. 2 Whether tenants qualified to terminate under s.10B(1) due to income reduction from deteriorated health
  3. 3 Whether the physician's Form H and clinical notes established a nexus between health deterioration and the tenancy

Ratio Decidendi

The tenants failed to prove the required link between B.D.'s deteriorated health and an inability to continue the tenancy under s.10C(1), and failed to prove the significant and demonstrable income reduction required by s.10B(1); clinical notes did not support a tenancy-related medical cause and no evidence quantified income loss, therefore the attempted early termination was ineffective and the landlord's claim for one month rent and fees stands subject to application of the security deposit.

Court Disposition

Appeal dismissed; Director of Residential Tenancies order confirmed with variation that landlord may retain security deposit and tenants must pay net sum.

Orders

  • Appeal dismissed and Director of Residential Tenancies decision dated April 23, 2021 confirmed except as varied
  • Landlord entitled to retain security deposit of $799.50