Dale-Son Apartments v. Clarke
The appeal was dismissed because the record contained no evidence to substantiate the appellant's allegations of bias or denial of opportunity; the Board's factual findings were confirmed by the trial judge and there was no basis for a re-hearing.
Source-derived case information.
- Citation
- 1994 NSCA 60
- Parties
- Appellant: Dale-Son Apartments; Respondent: Elizabeth Clarke
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 March 1994
- Procedural Posture
- Appeal From County Court Decision Confirming Residential Tenancies Board Report / Court of Appeal Hearing and Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Lease Termination, Procedural Fairness, Rehearing, Findings of Fact, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Dale-Son Apartments
Appellant
Elizabeth Clarke
Respondent
Procedural Posture
Appeal From County Court Decision Confirming Residential Tenancies Board Report / Court of Appeal Hearing and Judgment
Legal Issues
- 1 Whether the Residential Tenancies Board denied the appellant a fair hearing
- 2 Whether the Board expressed prior views amounting to bias
- 3 Whether the appellant was denied opportunity to adduce evidence
Ratio Decidendi
The appeal was dismissed because the record contained no evidence to substantiate the appellant's allegations of bias or denial of opportunity; the Board's factual findings were confirmed by the trial judge and there was no basis for a re-hearing.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs to respondent in the amount of $300.00
Full Case Text
Judgment text and source record
1 paragraphs
Dale-Son Apartments v. Clarke Court Court of Appeal Date 1994-03-10 Citation 1994 NSCA 60 Docket CA -2716 Judge/Registrar/Adjudicator Chipman, David (Honourable Justice); Jones, Malachi C. (Honourable Justice) (CA); Matthews, Kenneth M., (Honourable Justice) Document Type Decision Decision Content C.A. No. 02716 NOVA SCOTIA COURT OF APPEAL Cite as: Dale-Son Apartments v. Clarke, 1994 NSCA 60 Jones, Matthews and Chipman, JJ.A. BETWEEN: DALE-SON APARTMENTS ) the appellant did not ) appear ) ) the respondent appeared Appellant ) in person ) - and - ) Appeal Heard: ) March 10, 1994 ) ) Judgment Delivered: ) March 10, 1994 ELIZABETH CLARKE ) ) Respondent ) ) THE COURT: Appeal dismissed with costs to the respondent in the amount of $300.00 per reasons for judgment of Jones, J.A.; Matthews and Chipman, JJ.A. concurring. The reasons for judgment of the Court were delivered orally by: JONES, J.A.: This is an appeal from a decision of Haliburton, J. sitting in the County Court. The appellant has failed to appear. Haliburton, J. confirmed a report of Annapolis Valley Residential Tenancies Board terminating a lease between the appellant and the respondent. Judge Haliburton dealt with two issues which were raised before him on the hearing. The appellant now contends that it did not have a fair hearing before the Board which allegedly expressed prior views regarding the application and that it was not given an opportunity to adduce evidence on the hearing. The appellant has asked for a re-hearing. We have carefully reviewed the record of the proceedings and can find nothing in the record, nor has anything been filed to substantiate the appellant's allegations. The Board made findings of fact which were confirmed by the trial judge. The appeal is dismissed with costs to the respondent in the amount of $300.00. J.A. Concurred in: Matthews, J.A. Chipman, J.A. C.A. No. 02716 NOVA SCOTIA COURT OF APPEAL BETWEEN: DALE-SON APARTMENTS ) ) appellant ) REASONS FOR ) JUDGMENT BY: - and - ) JONES, J.A. ) ELIZABETH CLARKE ) ) respondent )