Grandy v. Parkland Investments Ltd.

Grandy v. Parkland Investments Ltd.

The landlord did not follow s.5 of the Residential Tenancies Act and regs 23-24: the Form A filed was a nullity in context, the landlord failed to provide required notice and Director authorization, and disposed of the tenant’s property unlawfully; therefore the RTO decision was set aside, the appeal was allowed and the tenant was awarded compensatory damages for the lost property (assessed at $5,000) plus costs ($64.15), total judgment $5,064.15.

Citation
2018 NSSM 66
Parties
Appellant / Tenant: Deborah A. Grandy; Respondent / Landlord: Parkland Investments Ltd
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 March 2018
Procedural Posture
Residential Tenancies Appeal / Decision (de Novo Hearing on Appeal)
Outcome
Appeal allowed; decision of the Residential Tenancies Officer set aside; judgment entered for the tenant against the landlord.
Legal Topics
Abandoned Property, Disposal of Tenant Property, Statutory Interpretation, Damages, Procedural Fairness, Bias / Reasonable Apprehension of Bias
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Law Civil Procedure Abandoned Property Disposal of Tenant Property Statutory Interpretation Damages +2 more

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Parties

Deborah A. Grandy

Appellant / Tenant

Parkland Investments Ltd

Respondent / Landlord

Procedural Posture

Residential Tenancies Appeal / Decision (de Novo Hearing on Appeal)

Legal Issues

  1. 1 Were the tenant’s personal effects disposed of in accordance with s.5 of the Residential Tenancies Act and ss.23-24 of the Regulations?
  2. 2 If not, what is the appropriate compensation?
  3. 3 Allegation of bias / reasonable apprehension of bias by the Residential Tenancies Officer

Ratio Decidendi

The landlord did not follow s.5 of the Residential Tenancies Act and regs 23-24: the Form A filed was a nullity in context, the landlord failed to provide required notice and Director authorization, and disposed of the tenant’s property unlawfully; therefore the RTO decision was set aside, the appeal was allowed and the tenant was awarded compensatory damages for the lost property (assessed at $5,000) plus costs ($64.15), total judgment $5,064.15.

Court Disposition

Appeal allowed; decision of the Residential Tenancies Officer set aside; judgment entered for the tenant against the landlord.

Orders

  • Tenant awarded $5,000.00 for lost personal property
  • Tenant awarded costs of $64.15 (appeal and RTO)