Martin v. Killiam Properties Ltd.

Martin v. Killiam Properties Ltd.

The appeal is allowed because the landlord did not prove a statutory breach under s.10(8)(e), and s.10(8)(f)(iii) must be interpreted ejusdem generis with (i) and (ii) to cover circumstances analogous to landlord family residence or substantial work on the premises, not tenant misconduct; therefore the Director erred in ordering termination.

Citation
2007 NSSM 59
Parties
Appellant/tenant: Theresa Martin; Respondent/landlord: Killam Properties Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 September 2007
Procedural Posture
Small Claims Court Residential Tenancies Act Appeal / Appeal Decision Following Hearing
Outcome
Appeal allowed; Director's Order of August 9, 2007 set aside
Legal Topics
Eviction/termination of Tenancy, Statutory Interpretation, Ejusdem Generis, Burden of Proof, Good Behaviour Covenant
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Eviction/termination of Tenancy Statutory Interpretation Ejusdem Generis Burden of Proof Good Behaviour Covenant

Case Brief

Summary, issues, holding and outcome

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Parties

Theresa Martin

Appellant/tenant

Killam Properties Ltd.

Respondent/landlord

Procedural Posture

Small Claims Court Residential Tenancies Act Appeal / Appeal Decision Following Hearing

Legal Issues

  1. 1 Whether the Director had jurisdiction to terminate a long-term tenancy under s.10(8)(e) or s.10(8)(f)(iii) of the Residential Tenancies Act
  2. 2 Whether the tenant breached the statutory good behaviour obligation
  3. 3 Proper interpretation of s.10(8)(f)(iii) and scope of Director's discretion

Ratio Decidendi

The appeal is allowed because the landlord did not prove a statutory breach under s.10(8)(e), and s.10(8)(f)(iii) must be interpreted ejusdem generis with (i) and (ii) to cover circumstances analogous to landlord family residence or substantial work on the premises, not tenant misconduct; therefore the Director erred in ordering termination.

Court Disposition

Appeal allowed; Director's Order of August 9, 2007 set aside

Orders

  • Director's Order dated August 9, 2007 set aside
  • Appeal allowed and termination of tenancy not authorized by this decision