MS v. SC

MS v. SC

Appeal allowed and Director's decision reversed because there was insufficient admissible and probative evidence on the balance of probabilities to attribute responsibility for the bedbug infestation to the tenant; the temporal gap after tenancy, absence of proof linking the discovered spray can to the tenants, presence of other persons with access and lack of evidence that tenants knew of and worsened the problem meant liability could not be transferred from the landlord to the tenant.

Citation
2022 NSSM 28
Parties
Appellant/tenant: MS; Respondent/landlord: SC
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 July 2022
Procedural Posture
Appeal From Residential Tenancies Officer Decision / Hearing De Novo on Appeal
Outcome
Appeal allowed; decision and order of the Residential Tenancies Officer dated January 19, 2022 reversed in its entirety
Legal Topics
Bedbug Infestation, Statutory Conditions, Habitability, Compensation
Source Language
English
Residential Tenancies Landlord and Tenant Bedbug Infestation Statutory Conditions Habitability Compensation

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Parties

MS

Appellant/tenant

SC

Respondent/landlord

Procedural Posture

Appeal From Residential Tenancies Officer Decision / Hearing De Novo on Appeal

Legal Issues

  1. 1 Whether the landlord is entitled to recover pest control and related costs from the tenant
  2. 2 Whether the tenant knew of or caused the bedbug infestation and breached statutory conditions
  3. 3 Whether the evidence on a balance of probabilities links the tenant to the infestation

Ratio Decidendi

Appeal allowed and Director's decision reversed because there was insufficient admissible and probative evidence on the balance of probabilities to attribute responsibility for the bedbug infestation to the tenant; the temporal gap after tenancy, absence of proof linking the discovered spray can to the tenants, presence of other persons with access and lack of evidence that tenants knew of and worsened the problem meant liability could not be transferred from the landlord to the tenant.

Court Disposition

Appeal allowed; decision and order of the Residential Tenancies Officer dated January 19, 2022 reversed in its entirety

Orders

  • Order of the Residential Tenancies Officer directing Mr. S to pay Ms. C $6,100.15 is set aside
  • No amounts awarded against the tenant