Nova Scotia (Provincial Housing Agency) v. Monaghan

Nova Scotia (Provincial Housing Agency) v. Monaghan

The landlord failed to prove an ongoing safety risk justifying termination because the incident was found to be a likely one-off episode attributable to the occupant's disabilities, the tenant has a long, highly subsidized tenancy, the landlord had not fairly applied or communicated a rigid zero-tolerance policy, and the duty to accommodate outweighed termination; therefore the Director's dismissal was upheld.

Citation
2025 NSSM 15
Parties
Landlord: Nova Scotia Provincial Housing Agency; Tenant: Patricia Monaghan
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 April 2025
Procedural Posture
Residential Tenancies Termination of Tenancy / Appeal to Small Claims Court From Director of Residential Tenancies
Outcome
Appeal dismissed; Order of the Director of Residential Tenancies dated February 4, 2025 upheld; application to terminate the tenancy dismissed.
Legal Topics
Termination of Tenancy, Good Behaviour Statutory Condition, Accommodation for Disability, Zero Tolerance Policy, Notice of Entry
Source Language
English
Residential Tenancies Human Rights Administrative Law Housing Law Termination of Tenancy Good Behaviour Statutory Condition Accommodation for Disability Zero Tolerance Policy +1 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 Amounts and remedies 1
Sign in to unlock

Parties

Nova Scotia Provincial Housing Agency

Landlord

Patricia Monaghan

Tenant

Procedural Posture

Residential Tenancies Termination of Tenancy / Appeal to Small Claims Court From Director of Residential Tenancies

Legal Issues

  1. 1 Whether the landlord established grounds under Statutory Condition 3 of s.9(1) and s.10(7A) of the Residential Tenancies Act to terminate the tenancy
  2. 2 Whether the incident involving the tenant's adult son constituted an ongoing risk to safety or a one-off episode
  3. 3 Whether the landlord must accommodate disabilities of the tenant and occupant and whether a zero-tolerance policy can override accommodation duties

Ratio Decidendi

The landlord failed to prove an ongoing safety risk justifying termination because the incident was found to be a likely one-off episode attributable to the occupant's disabilities, the tenant has a long, highly subsidized tenancy, the landlord had not fairly applied or communicated a rigid zero-tolerance policy, and the duty to accommodate outweighed termination; therefore the Director's dismissal was upheld.

Court Disposition

Appeal dismissed; Order of the Director of Residential Tenancies dated February 4, 2025 upheld; application to terminate the tenancy dismissed.

Orders

  • Order of the Director of Residential Tenancies dated February 4, 2025 is upheld and the application to terminate the tenancy is dismissed.