Bluenose Inn and Suites v. McGuire

Bluenose Inn and Suites v. McGuire

The adjudicator held that termination to enable demolition falls within ss.10AB-10AD even if demolition is delayed; the landlord failed to obtain written agreement or a Director's order as required; therefore the Director's order awarding statutory compensation and additional amounts was correctly applied and is confirmed.

Citation
2023 NSSM 4
Parties
Appellant (landlord): Bluenose Inn and Suites; Respondent (tenant): Brandy McGuire
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 January 2023
Procedural Posture
Residential Tenancies Appeal / Decision on Appeal
Outcome
Order of the Director of Residential Tenancies dated August 22, 2022 confirmed; landlord ordered to pay tenant $13,662.15.
Legal Topics
Renoviction, Demolition Vs Renovation, Compensation for Termination, Procedure for Early Termination (s.10 AB 10 Ad)
Source Language
English
Residential Tenancies Landlord Tenant Law Housing Law Statutory Interpretation Renoviction Demolition Vs Renovation Compensation for Termination Procedure for Early Termination (s.10 AB 10 Ad)

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Parties

Bluenose Inn and Suites

Appellant (landlord)

Brandy McGuire

Respondent (tenant)

Procedural Posture

Residential Tenancies Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether termination to 'retire' the property qualifies as termination for the purpose of demolition or renovations under s.10AB
  2. 2 Whether a delay between vacancy and demolition defeats application of ss.10AB-10AC-10AD
  3. 3 Whether landlord complied with required procedure for termination and whether tenant is entitled to statutory compensation and additional expenses

Ratio Decidendi

The adjudicator held that termination to enable demolition falls within ss.10AB-10AD even if demolition is delayed; the landlord failed to obtain written agreement or a Director's order as required; therefore the Director's order awarding statutory compensation and additional amounts was correctly applied and is confirmed.

Court Disposition

Order of the Director of Residential Tenancies dated August 22, 2022 confirmed; landlord ordered to pay tenant $13,662.15.

Orders

  • Confirm Director of Residential Tenancies order dated August 22, 2022.
  • Landlord to pay tenant total of $13,662.15 (breakdown: $4,200.00 statutory compensation, $1,400.00 additional expenses, $7,000.00 rent differential award, $731.00 internet expense abatement, $300.00 security deposit return, $31.15 filing fee).