McKay v. 4375421 Nova Scotia Limited

McKay v. 4375421 Nova Scotia Limited

The appeal is dismissed because the landlord demonstrated it had the necessary permits, was acting in good faith to carry out renovations already performed in other units, and vacant possession was required to undertake the contemplated work; accordingly the Director's order for termination is confirmed with a specified vacate date and statutory rent relief for three months.

Citation
2024 NSSM 26
Parties
Appellant (tenant): Norma McKay; Appellant (tenant): Curtis Aitkins; Respondent (landlord): 4375421 Nova Scotia Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 April 2024
Procedural Posture
Residential Tenancies Appeal / Decision on Appeal From Director of Residential Tenancies Order
Outcome
Appeal dismissed; Director's order confirmed with variation granting vacant possession as of end of day July 31, 2024
Legal Topics
Renoviction, Vacant Possession, Good Faith, Building Permits, Compensation for Termination
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Housing Law Renoviction Vacant Possession Good Faith Building Permits +1 more

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Parties

Norma McKay

Appellant (tenant)

Curtis Aitkins

Appellant (tenant)

4375421 Nova Scotia Limited

Respondent (landlord)

Procedural Posture

Residential Tenancies Appeal / Decision on Appeal From Director of Residential Tenancies Order

Legal Issues

  1. 1 Whether the landlord acted in good faith in seeking vacant possession to perform renovations
  2. 2 Whether vacant possession was required to carry out the planned renovations
  3. 3 Whether the landlord had all necessary permits and approvals

Ratio Decidendi

The appeal is dismissed because the landlord demonstrated it had the necessary permits, was acting in good faith to carry out renovations already performed in other units, and vacant possession was required to undertake the contemplated work; accordingly the Director's order for termination is confirmed with a specified vacate date and statutory rent relief for three months.

Court Disposition

Appeal dismissed; Director's order confirmed with variation granting vacant possession as of end of day July 31, 2024

Orders

  • Landlord entitled to vacant possession of 6 Catherine Street, Unit 2, Dartmouth, Nova Scotia as of end of day July 31, 2024.
  • Tenants are excused from paying rent for May, June and July 2024 in accordance with s.10AC(2) of the Residential Tenancies Act.