Gilday v. Ulta Enterprise Ltd.

Gilday v. Ulta Enterprise Ltd.

The landlord failed to prove, on the balance of probabilities, that the tenants' use of a surround sound system produced excessive noise amounting to a breach of Statutory Condition 3; the police officer's unfounded complaint finding and corroborating witness evidence weighed for the tenants, so the adjudicator varied the Officer's order and lifted the finding of breach while awarding limited costs to the landlord.

Citation
2016 NSSM 41
Parties
Appellant/tenant: Michael (Mike) Gilday; Appellant/tenant: Brittany Gilday; Respondent/landlord: Ulta Enterprise Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
26 April 2016
Procedural Posture
Appeal From Residential Tenancies Officer / Decision on Appeal in Small Claims Court
Outcome
Appeal allowed in part; finding of breach of Statutory Condition 3 lifted.
Legal Topics
Statutory Condition 3, Good Behaviour, Eviction, Noise Complaints, Evidence Sufficiency
Source Language
English
Residential Tenancies Landlord Tenant Law Noise Nuisance Small Claims Court Procedure Statutory Condition 3 Good Behaviour Eviction Noise Complaints +1 more

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Parties

Michael (Mike) Gilday

Appellant/tenant

Brittany Gilday

Appellant/tenant

Ulta Enterprise Limited

Respondent/landlord

Procedural Posture

Appeal From Residential Tenancies Officer / Decision on Appeal in Small Claims Court

Legal Issues

  1. 1 Whether noise from the tenant's surround sound breached Statutory Condition 3 (good behaviour)
  2. 2 Whether evidence adduced by landlord was sufficient on balance of probabilities to justify eviction
  3. 3 Whether the Residential Tenancies Officer's order was lawful and sufficiently specific

Ratio Decidendi

The landlord failed to prove, on the balance of probabilities, that the tenants' use of a surround sound system produced excessive noise amounting to a breach of Statutory Condition 3; the police officer's unfounded complaint finding and corroborating witness evidence weighed for the tenants, so the adjudicator varied the Officer's order and lifted the finding of breach while awarding limited costs to the landlord.

Court Disposition

Appeal allowed in part; finding of breach of Statutory Condition 3 lifted.

Orders

  • The Residential Tenancies Officer's finding of a breach of Statutory Condition 3 is varied and lifted.
  • Costs of $50.00 awarded to the landlord to be collected by deduction from the tenants' rent for June 2016.