Certain Tenants of Victoria Road v. Central East Development Inc

Certain Tenants of Victoria Road v. Central East Development Inc

An extension of time to file Notices of Appeal was warranted because the tenants raised arguable legal issues (absence of evidence that renovations required vacant possession; potential non-transferability of RTO orders to a new owner; applicability of the November 25, 2020 Ministerial Direction) and their disadvantaged circumstances justified permitting appeals; accordingly notices of appeal were to be filed by December 30, 2020 and the RTO orders were stayed pending appeal.

Citation
2020 NSSM 28
Parties
Applicants: Certain Tenants of 252/254 Victoria Road, Dartmouth, Nova Scotia; Respondent: Central East Development Inc
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 December 2020
Procedural Posture
Residential Tenancy Extension of Time to File Appeal / Interlocutory Application to Extend Time to Appeal RTO Orders; Appeals to Be Heard
Outcome
Extension of time to file appeals granted; RTO orders stayed pending appeals
Legal Topics
Renoviction, Extension of Time to Appeal, Stay of Enforcement, Jurisdictional Effect of Ministerial Direction, Statutory Interpretation
Source Language
English
Residential Tenancies Administrative Law Civil Procedure Emergency Management Property Law Renoviction Extension of Time to Appeal Stay of Enforcement +2 more

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Parties

Certain Tenants of 252/254 Victoria Road, Dartmouth, Nova Scotia

Applicants

Central East Development Inc

Respondent

Procedural Posture

Residential Tenancy Extension of Time to File Appeal / Interlocutory Application to Extend Time to Appeal RTO Orders; Appeals to Be Heard

Legal Issues

  1. 1 Whether the time to file Notices of Appeal should be extended under the Sun v. Lu criteria
  2. 2 Whether RTO orders under s.10(8)(f)(ii) were supported by evidence that renovations required vacant possession
  3. 3 Whether RTO orders made in favour of the previous owner can be enforced or transferred to a new owner

Ratio Decidendi

An extension of time to file Notices of Appeal was warranted because the tenants raised arguable legal issues (absence of evidence that renovations required vacant possession; potential non-transferability of RTO orders to a new owner; applicability of the November 25, 2020 Ministerial Direction) and their disadvantaged circumstances justified permitting appeals; accordingly notices of appeal were to be filed by December 30, 2020 and the RTO orders were stayed pending appeal.

Court Disposition

Extension of time to file appeals granted; RTO orders stayed pending appeals

Orders

  • Time for the Tenants to file their Notices of Appeal is extended to December 30, 2020.
  • Representatives of the Tenants and of Central East shall take steps necessary to hold the contemplated appeals as soon as possible.