Brown v. Cornerstone Developments Ltd.

Brown v. Cornerstone Developments Ltd.

The landlord breached the Building Code by permitting occupancy before an occupancy permit was issued entitling the tenant to a rent abatement; the landlord's unilateral change to automatic bank debit without acceptable proof of tenant authorization is impermissible and must cease, but no compensable loss was shown;...

Source-derived case information.

Citation
2018 NSSM 37
Parties
Tenant/appellant: Shawn C. Brown; Landlord/respondent: Cornerstone Developments Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 August 2018
Procedural Posture
Appeal From Residential Tenancies Officer Decision (de Novo Hearing) / Decision on Appeal Rendered by Small Claims Court Adjudicator
Outcome
Appeal allowed in part and varied: landlord ordered to cease unauthorized access to tenants' bank accounts; tenant ordered to vacate; tenant granted limited abatements with set-offs; remainder of original order modified.
Legal Topics
Abatement of Rent, Eviction/vacant Possession, Occupancy Permit Compliance, Automatic Bank Debit/consent, Statutory Conditions (good Behaviour), Accommodation/parking, Set Off and Damages
Source Language
english
Residential Tenancies Landlord and Tenant Law Building Code/housing Safety Human Rights Banking/payment Methods Small Claims Procedure Abatement of Rent Eviction/vacant Possession +5 more

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Parties

Shawn C. Brown

Tenant/appellant

Cornerstone Developments Ltd.

Landlord/respondent

Procedural Posture

Appeal From Residential Tenancies Officer Decision (de Novo Hearing) / Decision on Appeal Rendered by Small Claims Court Adjudicator

Legal Issues

  1. 1 Whether landlord breached building code by allowing occupancy prior to issuance of occupancy permit and resulting entitlement to rent abatement
  2. 2 Whether unilateral change to automatic bank debit without tenant consent was lawful and whether tenant suffered compensable loss
  3. 3 Whether tenant was entitled to accommodation (designated parking) under Human Rights Act

Ratio Decidendi

The landlord breached the Building Code by permitting occupancy before an occupancy permit was issued entitling the tenant to a rent abatement; the landlord's unilateral change to automatic bank debit without acceptable proof of tenant authorization is impermissible and must cease, but no compensable loss was shown; the tenant's cumulative conduct breached Statutory Condition 3 and justified an order for vacant possession, while abatements and set-offs were calculated and applied against rent due.

Court Disposition

Appeal allowed in part and varied: landlord ordered to cease unauthorized access to tenants' bank accounts; tenant ordered to vacate; tenant granted limited abatements with set-offs; remainder of original order modified.

Orders

  • Tenant to provide vacant possession of the premises on or before 11:59 pm on November 30, 2018
  • Tenant entitled to rent abatement of $1,600.00 (August 2016 rent $1,350.00; work not completed $250.00)