Bond v. Hall

Bond v. Hall

The appeal is allowed because the Residential Tenancies Officer reduced the claim without evidence that the landlord failed to take reasonable steps or that a replacement tenant was likely; the onus to prove failure to mitigate rested on the tenant and was not discharged, so the landlord is entitled to the remaining contractual rent less the damage deposit.

Citation
2010 NSSM 31
Parties
Appellant/landlord: Jessica Bond; Respondent/tenant: Jake Hall
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 April 2010
Procedural Posture
Small Claims Court Appeal From Residential Tenancies Director / Decision on Appeal (final)
Outcome
Appeal allowed; Residential Tenancies Officer’s reduction set aside; full balance of sub-tenancy awarded less damage deposit
Legal Topics
Duty to Mitigate, Burden of Proof for Mitigation, Breach of Sub Tenancy, Security Deposit Offset, Estoppel (non Disclosure of Pets)
Source Language
English
Residential Tenancies Law Contract Law Mitigation of Damages Landlord Tenant Disputes Small Claims Procedure Duty to Mitigate Burden of Proof for Mitigation Breach of Sub Tenancy +2 more

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Parties

Jessica Bond

Appellant/landlord

Jake Hall

Respondent/tenant

Procedural Posture

Small Claims Court Appeal From Residential Tenancies Director / Decision on Appeal (final)

Legal Issues

  1. 1 Whether the Residential Tenancies Officer correctly applied the statutory and common law duty to mitigate
  2. 2 Which party bears the onus to prove failure to mitigate
  3. 3 Whether landlord was required as a matter of law to reduce rent to mitigate

Ratio Decidendi

The appeal is allowed because the Residential Tenancies Officer reduced the claim without evidence that the landlord failed to take reasonable steps or that a replacement tenant was likely; the onus to prove failure to mitigate rested on the tenant and was not discharged, so the landlord is entitled to the remaining contractual rent less the damage deposit.

Court Disposition

Appeal allowed; Residential Tenancies Officer’s reduction set aside; full balance of sub-tenancy awarded less damage deposit

Orders

  • Jake Hall pay to Jessica Bond the sum of $4,880.00.