Asselstine v. Drake

Asselstine v. Drake

The evidence did not meet the civil standard required to establish that the appellants conducted themselves so as to interfere with the possession or occupancy of other tenants under s.9(1)(3); therefore the Director's termination order was varied and the tenancy was allowed to continue until lease expiry May 31, 2015.

Source-derived case information.

Citation
2015 NSSM 7
Parties
Appellant: Danielle Asselstine; Appellant: Stephen Asselstine; Respondent: Philomena Drake; Respondent: Mark Aurini
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 March 2015
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Trial De Novo on Appeal — Decision Issued
Outcome
Director's Order dated February 12, 2015 varied; tenancy to continue and terminate on May 31, 2015; tenants to provide vacant possession by that date.
Legal Topics
Termination of Tenancy, Statutory Conditions, Quiet Enjoyment, Variation of Administrative Order, Standard of Proof
Source Language
english
Residential Tenancies Landlord Tenant Small Claims Civil Procedure Termination of Tenancy Statutory Conditions Quiet Enjoyment Variation of Administrative Order +1 more

Source-derived case record

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Parties

Danielle Asselstine

Appellant

Stephen Asselstine

Appellant

Philomena Drake

Respondent

Mark Aurini

Respondent

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Trial De Novo on Appeal — Decision Issued

Legal Issues

  1. 1 Whether the appellants interfered with possession or occupancy of other tenants such that they breached statutory condition 9(1)(3) of the Residential Tenancies Act
  2. 2 Whether the Director of Residential Tenancies' Order should be varied or upheld
  3. 3 What standard of proof is required to terminate a tenancy

Ratio Decidendi

The evidence did not meet the civil standard required to establish that the appellants conducted themselves so as to interfere with the possession or occupancy of other tenants under s.9(1)(3); therefore the Director's termination order was varied and the tenancy was allowed to continue until lease expiry May 31, 2015.

Court Disposition

Director's Order dated February 12, 2015 varied; tenancy to continue and terminate on May 31, 2015; tenants to provide vacant possession by that date.

Orders

  • Director's Order dated February 12, 2015 (file #201404744) varied.
  • Tenancy between respondents (landlord) and appellants (tenants) shall continue and terminate on May 31, 2015; appellants and occupants to provide vacant possession of 1114 Barrington St., Unit 1, Halifax, Nova Scotia by that date.