Gallant v. Brigley

Gallant v. Brigley

s.10(8)(f)(i) must be read as a single statutory inquiry: the Director must be satisfied that the landlord in good faith requires possession of the specific residential premises for residence by the landlord or a family member; 'good faith' requires an honest, genuine, current and compelling need and not an ulterior motive; the landlord failed to adduce sufficient evidence of that requirement and the motion to admit fresh evidence was properly denied; appeal dismissed.

Citation
2024 NSSC 401
Parties
Appellant / Landlord: Trena Gallant; Respondent / Tenant: Jeff Brigley
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
31 December 2024
Procedural Posture
Residential Tenancies Act Appeal (notice to Quit) / Appeal to Supreme Court of Nova Scotia (decision)
Outcome
Landlord's appeal dismissed; motion to admit fresh evidence denied.
Legal Topics
Notice to Quit, S. 10(8)(f)(i), Vacant Possession, Good Faith, Admissibility of Fresh Evidence
Source Language
English
Residential Tenancies Landlord and Tenant Law Statutory Interpretation Administrative Law Notice to Quit S. 10(8)(f)(i) Vacant Possession Good Faith +1 more

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Parties

Trena Gallant

Appellant / Landlord

Jeff Brigley

Respondent / Tenant

Procedural Posture

Residential Tenancies Act Appeal (notice to Quit) / Appeal to Supreme Court of Nova Scotia (decision)

Legal Issues

  1. 1 Proper interpretation of s.10(8)(f)(i) of the Residential Tenancies Act
  2. 2 Whether the Director must be satisfied that the landlord in good faith requires possession for personal or family residence
  3. 3 What constitutes a 'good faith requirement' under s.10(8)(f)(i)

Ratio Decidendi

s.10(8)(f)(i) must be read as a single statutory inquiry: the Director must be satisfied that the landlord in good faith requires possession of the specific residential premises for residence by the landlord or a family member; 'good faith' requires an honest, genuine, current and compelling need and not an ulterior motive; the landlord failed to adduce sufficient evidence of that requirement and the motion to admit fresh evidence was properly denied; appeal dismissed.

Court Disposition

Landlord's appeal dismissed; motion to admit fresh evidence denied.

Orders

  • Appeal dismissed.
  • Motion to introduce fresh evidence denied.