Dorfschmidt v. Kneblewski

Dorfschmidt v. Kneblewski

On the balance of probabilities the landlord served a Form D that was missing page 2, depriving the tenants of mandatory information about remedies; because strict compliance with the statutory notice procedure is required and s.6C's conclusive deeming applies only where a proper notice is given, the Director's order obtained without proper notice was a nullity and must be set aside, resulting in dismissal of the landlord's application for vacant possession.

Citation
2022 NSSM 26
Parties
Appellant (tenant): Delores Dorfschmidt; Appellant (tenant): Rainer Dorfschmidt; Respondent (landlord): Jessica Kneblewski
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 April 2022
Procedural Posture
Appeal From Director of Residential Tenancies / Decision on Appeal in Small Claims Court
Outcome
Order of the Director dated January 5, 2022 set aside and landlord's application for vacant possession dismissed.
Legal Topics
Notice to Quit (form D), Purchaser Occupancy Notice (form Dr2), Service and Completeness of Statutory Forms, Conclusive Deeming Under S.6 C, Remedies and Jurisdiction on Appeal
Source Language
English
Residential Tenancies Landlord and Tenant Eviction Administrative Law Procedure Notice to Quit (form D) Purchaser Occupancy Notice (form Dr2) Service and Completeness of Statutory Forms +2 more

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Parties

Delores Dorfschmidt

Appellant (tenant)

Rainer Dorfschmidt

Appellant (tenant)

Jessica Kneblewski

Respondent (landlord)

Procedural Posture

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

Legal Issues

  1. 1 Whether the Form DR2 was a valid notice to vacate when provided by the purchaser after the sale
  2. 2 Whether the Form D served for non-payment of rent was legally effective when a mandatory page (page 2) was missing
  3. 3 Whether the Director of Residential Tenancies' order could stand given defective notice and the court's limited jurisdiction under s.17D

Ratio Decidendi

On the balance of probabilities the landlord served a Form D that was missing page 2, depriving the tenants of mandatory information about remedies; because strict compliance with the statutory notice procedure is required and s.6C's conclusive deeming applies only where a proper notice is given, the Director's order obtained without proper notice was a nullity and must be set aside, resulting in dismissal of the landlord's application for vacant possession.

Court Disposition

Order of the Director dated January 5, 2022 set aside and landlord's application for vacant possession dismissed.

Orders

  • Order of the Director dated January 5, 2022 is set aside in its entirety.
  • The landlord's application for vacant possession is rescinded/dismissed.