Monk Commercial Holdings Inc. v. Advantage Movers & Junk Removal Inc.

Monk Commercial Holdings Inc. v. Advantage Movers & Junk Removal Inc.

Defendants are liable for the reasonable cost of cleaning the premises after lease expiry; the claimant proved the mess and costs generally but the court reduced the self‑performed labour rate from $60/hr to a reasonable rate of $25/hr, resulting in a reduction of $1,569.75 and a judgment awarding $4,008.47 plus costs $399.35 (total $4,407.82) against the defendants.

Citation
2017 NSSM 13
Parties
Claimant: Monk Commercial Holdings Inc.; Defendant: Advantage Movers & Junk Removal Inc.; Defendant: Bahaedien Karsoua
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 April 2017
Procedural Posture
Small Claims Court Landlord Claim for Cleaning Costs / Hearing and Decision (reasons Rendered)
Outcome
Judgment for Claimant against Advantage Movers & Junk Removal Inc. and Bahaedien Karsoua in the net amount of $4,008.47 plus costs of $399.35; total judgment $4,407.82, defendants jointly and severally liable.
Legal Topics
Lease Termination, Restoration of Premises, Damages for Cleaning, Reasonableness of Self Performed Labour Charges
Source Language
English
Landlord and Tenant Contract Property Civil Procedure Lease Termination Restoration of Premises Damages for Cleaning Reasonableness of Self Performed Labour Charges

Case Brief

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Parties

Monk Commercial Holdings Inc.

Claimant

Advantage Movers & Junk Removal Inc.

Defendant

Bahaedien Karsoua

Defendant

Procedural Posture

Small Claims Court Landlord Claim for Cleaning Costs / Hearing and Decision (reasons Rendered)

Legal Issues

  1. 1 Whether defendants are liable for cost of cleaning premises after lease expiry
  2. 2 Whether claimant's self-incurred labour charges are reasonable and recoverable
  3. 3 Whether defendants' assertion that premises were dirty at lease commencement offsets liability

Ratio Decidendi

Defendants are liable for the reasonable cost of cleaning the premises after lease expiry; the claimant proved the mess and costs generally but the court reduced the self‑performed labour rate from $60/hr to a reasonable rate of $25/hr, resulting in a reduction of $1,569.75 and a judgment awarding $4,008.47 plus costs $399.35 (total $4,407.82) against the defendants.

Court Disposition

Judgment for Claimant against Advantage Movers & Junk Removal Inc. and Bahaedien Karsoua in the net amount of $4,008.47 plus costs of $399.35; total judgment $4,407.82, defendants jointly and severally liable.

Orders

  • Judgment entered for Monk Commercial Holdings Inc. against Advantage Movers & Junk Removal Inc. and Bahaedien Karsoua for $4,008.47.
  • Costs awarded to Claimant in the amount of $399.35.