Venidam v. Fernandez

Venidam v. Fernandez

Although the Landlords failed to file statutory forms, the adjudicator set aside the Director's order because the evidence was evenly balanced on whether the tenant paid the deposit to a third party; absent direct evidence linking the outgoing tenants to the Landlords or testimony from the outgoing tenants, the court could not order the Landlords to pay the tenant and therefore allowed the Landlords' appeal and dismissed the claim.

Citation
2025 NSSM 51
Parties
Appellant/landlord: Elizabeth Venidam; Appellant/landlord: Pierre Venidam; Respondent/tenant: Ashrin Fernandez
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 May 2025
Procedural Posture
Small Claims Court Appeal From Director Under Residential Tenancies Act / Decision (appeal Heard)
Outcome
Appeal allowed; Order of the Director dated June 20, 2025 set aside; Claim dismissed.
Legal Topics
Damage Deposit, Security Deposit, Statutory Filing Deadlines, Burden of Proof, Hearsay and Weight
Source Language
English
Residential Tenancies Property Law Civil Procedure Evidence Damage Deposit Security Deposit Statutory Filing Deadlines Burden of Proof +1 more

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Parties

Elizabeth Venidam

Appellant/landlord

Pierre Venidam

Appellant/landlord

Ashrin Fernandez

Respondent/tenant

Procedural Posture

Small Claims Court Appeal From Director Under Residential Tenancies Act / Decision (appeal Heard)

Legal Issues

  1. 1 Whether landlords complied with ss.12A and 12B of the Residential Tenancies Act
  2. 2 Whether the landlord held the tenant's damage deposit or a third party collected it
  3. 3 Whether the Director's order for return of deposit should be set aside given evidentiary gaps

Ratio Decidendi

Although the Landlords failed to file statutory forms, the adjudicator set aside the Director's order because the evidence was evenly balanced on whether the tenant paid the deposit to a third party; absent direct evidence linking the outgoing tenants to the Landlords or testimony from the outgoing tenants, the court could not order the Landlords to pay the tenant and therefore allowed the Landlords' appeal and dismissed the claim.

Court Disposition

Appeal allowed; Order of the Director dated June 20, 2025 set aside; Claim dismissed.

Orders

  • Appeal allowed; Order of the Director dated June 20, 2025 set aside; Claim dismissed