Murray v. Ulta Enterprises

Murray v. Ulta Enterprises

The appeal was allowed in part: the tenancy continues because the landlord had effectively acquiesced to repeated late payments (estoppel) and the tenant never refused to pay, but the tenant must remove the second vehicle from the premises; the director's termination order was varied accordingly, with a warning that further late payments could justify termination.

Citation
2010 NSSM 47
Parties
Appellant: Duncan Mac G. Murray; Respondent: ulta Enterprises
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 August 2010
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Trial De Novo Decision
Outcome
Appeal allowed in part; Director's order varied: tenancy continues and second vehicle must be removed.
Legal Topics
Termination of Tenancy, Rent Arrears, Estoppel, Parking Violation, Security of Tenure
Source Language
English
Residential Tenancies Landlord and Tenant Estoppel Contract Termination of Tenancy Rent Arrears Parking Violation Security of Tenure

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Parties

Duncan Mac G. Murray

Appellant

ulta Enterprises

Respondent

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Trial De Novo Decision

Legal Issues

  1. 1 Whether tenancy should be terminated for habitual late payment of rent
  2. 2 Whether landlord is estopped from terminating the tenancy by accepting late rent over a long period
  3. 3 Whether parking of a second vehicle at the premises justifies termination

Ratio Decidendi

The appeal was allowed in part: the tenancy continues because the landlord had effectively acquiesced to repeated late payments (estoppel) and the tenant never refused to pay, but the tenant must remove the second vehicle from the premises; the director's termination order was varied accordingly, with a warning that further late payments could justify termination.

Court Disposition

Appeal allowed in part; Director's order varied: tenancy continues and second vehicle must be removed.

Orders

  • Tenancy between the parties shall continue.
  • The appellant's second motor vehicle must be removed from the 6022 North St. residence parking area.