Atlantic Living Property Management v. Watkins

Atlantic Living Property Management v. Watkins

Landlord failed to prove on the balance of probabilities that the tenant caused the burst pipe or was careless or reckless; therefore the tenant is not liable for the claimed cleanup/plumbing costs and the incident does not justify termination of tenancy; the Director's order is confirmed and the appeal is dismissed.

Citation
2013 NSSM 13
Parties
Landlord (appellant): Atlantic Living Property Management; Tenant (respondent): Sharilyn Watkins
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 March 2013
Procedural Posture
Residential Tenancy Appeal / Appeal to Small Claims Court (hearing March 12, 2013; Decision March 22, 2013)
Outcome
Appeal dismissed; order of the Director of Residential Tenancies confirmed.
Legal Topics
Termination of Tenancy, Rent Arrears, Damage Liability, Accommodation for Disability, Pest Control, Smoking Policy, Use of Emergency Exit
Source Language
English
Residential Tenancy Law Landlord and Tenant Property Damage Eviction Termination of Tenancy Rent Arrears Damage Liability Accommodation for Disability +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Atlantic Living Property Management

Landlord (appellant)

Sharilyn Watkins

Tenant (respondent)

Procedural Posture

Residential Tenancy Appeal / Appeal to Small Claims Court (hearing March 12, 2013; Decision March 22, 2013)

Legal Issues

  1. 1 Whether the tenant caused the burst radiator pipe and is liable for repair/cleanup costs
  2. 2 Whether the tenant's conduct justifies termination of tenancy
  3. 3 Whether landlord met burden of proof on alleged misconduct

Ratio Decidendi

Landlord failed to prove on the balance of probabilities that the tenant caused the burst pipe or was careless or reckless; therefore the tenant is not liable for the claimed cleanup/plumbing costs and the incident does not justify termination of tenancy; the Director's order is confirmed and the appeal is dismissed.

Court Disposition

Appeal dismissed; order of the Director of Residential Tenancies confirmed.

Orders

  • Landlord's appeal is dismissed and the Director's order is confirmed
  • Tenant not held liable for approximately $1,425 in cleanup and plumbing costs