Bank of Montreal v. Woodbine Park

Bank of Montreal v. Woodbine Park

The Residential Tenancies Act did not apply to the Bank because the Act governs a relationship between a person and an individual and the Bank was neither the individual tenant nor an assignee or legal representative of the tenant; the Model Assignment agreement did not effect an assignment of the site lease and the Bank's payment of rent alone, without possession or assignment, did not create a deemed tenancy, so the Director lacked jurisdiction and the appeal is allowed.

Citation
2016 NSSM 39
Parties
Tenant (appellant): Bank of Montreal; Landlord (respondent): Woodbine Park
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 June 2016
Procedural Posture
Residential Tenancies Appeal / Appeal to Small Claims Court From Director of Residential Tenancies Order; Hearing May 31, 2016; Decision June 6, 2016
Outcome
Appeal allowed; Director of Residential Tenancies lacked jurisdiction regarding Landlord's claim against the Bank.
Legal Topics
Definition of Tenant, Deemed Tenancy, Assignment of Lease, Jurisdiction of Director of Residential Tenancies, Land Lease Community Issues, Security Interests (chattel Mortgage)
Source Language
English
Residential Tenancies Property Law Contract Law Administrative Law Definition of Tenant Deemed Tenancy Assignment of Lease Jurisdiction of Director of Residential Tenancies +2 more

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Parties

Bank of Montreal

Tenant (appellant)

Woodbine Park

Landlord (respondent)

Procedural Posture

Residential Tenancies Appeal / Appeal to Small Claims Court From Director of Residential Tenancies Order; Hearing May 31, 2016; Decision June 6, 2016

Legal Issues

  1. 1 Whether the Bank of Montreal could be a tenant under the Residential Tenancies Act
  2. 2 Whether the Bank became a tenant factually by paying rent or by assignment/legal representative status

Ratio Decidendi

The Residential Tenancies Act did not apply to the Bank because the Act governs a relationship between a person and an individual and the Bank was neither the individual tenant nor an assignee or legal representative of the tenant; the Model Assignment agreement did not effect an assignment of the site lease and the Bank's payment of rent alone, without possession or assignment, did not create a deemed tenancy, so the Director lacked jurisdiction and the appeal is allowed.

Court Disposition

Appeal allowed; Director of Residential Tenancies lacked jurisdiction regarding Landlord's claim against the Bank.

Orders

  • Application to the Director of Residential Tenancies dismissed for lack of jurisdiction without prejudice to other remedies the Landlord may pursue in a different forum.