Majak v. Metro Non-Profit Housing Association

Majak v. Metro Non-Profit Housing Association

The Director's termination order was set aside because the evidence before the Director was one-sided and largely hearsay, insufficiently objective to justify terminating a tenancy for breach of Statutory Condition 3; given the tenant's contrition and prospect of improvement, termination was disproportionate.

Citation
2018 NSSM 59
Parties
Tenant (appellant): Joseph Majak; Landlord (respondent): Metro Non-Profit Housing Association
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 September 2018
Procedural Posture
Residential Tenancies Small Claims Court / Appeal From Director of Residential Tenancies; Decision on Appeal
Outcome
Order of the Director of Residential Tenancies set aside; application for termination of the tenancy dismissed.
Legal Topics
Termination of Tenancy, Statutory Condition 3 (good Behaviour), Sufficiency of Evidence, Hearsay Vs Firsthand Testimony, Jurisdiction to Impose Conditions
Source Language
English
Residential Tenancies Landlord and Tenant Law Eviction Administrative Law Evidence Termination of Tenancy Statutory Condition 3 (good Behaviour) Sufficiency of Evidence +2 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 3 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Joseph Majak

Tenant (appellant)

Metro Non-Profit Housing Association

Landlord (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether the Tenant breached Statutory Condition 3 (good behaviour) to justify termination
  2. 2 Whether evidence before the Director was sufficient and properly weighed
  3. 3 Whether the tribunal/court should set aside the Director's termination order

Ratio Decidendi

The Director's termination order was set aside because the evidence before the Director was one-sided and largely hearsay, insufficiently objective to justify terminating a tenancy for breach of Statutory Condition 3; given the tenant's contrition and prospect of improvement, termination was disproportionate.

Court Disposition

Order of the Director of Residential Tenancies set aside; application for termination of the tenancy dismissed.

Orders

  • The Order of the Director of Residential Tenancies is set aside and the application for termination of the tenancy is dismissed.