XYZ Limited v. A.A.

XYZ Limited v. A.A.

Where a tenant validly serves a Form Q with a Certificate issued by the Director of Victim Services under s.10F/10H and the certificate and notice were properly given, the Small Claims Court’s inquiry is limited to whether the notice and certificate were properly delivered and to unrelated tenancy issues; the Director cannot be compelled to disclose underlying records; here the notice and certificate were properly given, the tenancy terminated July 1, 2017, the landlord cannot recover rent for July and August 2017, and the landlord is entitled to retain the security deposit as full and final payment of rent and NSF charges for the tenancy period up to termination.

Citation
2017 NSSM 79
Parties
Landlord/appellant: XYZ Limited; Tenant/respondent: AA; Tenant/respondent: BB
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 July 2017
Procedural Posture
Appeal From Residential Tenancies Officer to Small Claims Court / Amended Decision on Appeal
Outcome
Appeal dismissed; tenancy terminated effective July 1, 2017; landlord to retain security deposit; each party to bear their own costs
Legal Topics
Early Termination of Tenancy, Form Q Tenant's Notice to Quit—domestic Violence, Certificate Confirming Grounds to Terminate Tenancy Due to Domestic Violence, Confidentiality of Victim Services Records, Compellability of Witnesses, Security Deposit Application, Rent Liability, Statutory Interpretation
Source Language
English
Residential Tenancies Domestic Violence Landlord Tenant Law Small Claims Court Procedure Early Termination of Tenancy Form Q Tenant's Notice to Quit—domestic Violence Certificate Confirming Grounds to Terminate Tenancy Due to Domestic Violence Confidentiality of Victim Services Records +4 more

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Parties

XYZ Limited

Landlord/appellant

AA

Tenant/respondent

BB

Tenant/respondent

Procedural Posture

Appeal From Residential Tenancies Officer to Small Claims Court / Amended Decision on Appeal

Legal Issues

  1. 1 Whether the Form Q and accompanying Director of Victim Services certificate were properly given pursuant to s.10F(1)
  2. 2 Whether the Small Claims Court may inquire into or compel production of records or testimony underlying a Director of Victim Services certificate (s.10H/10I)
  3. 3 Whether landlord may recover rent for July and August 2017 after a valid domestic violence notice

Ratio Decidendi

Where a tenant validly serves a Form Q with a Certificate issued by the Director of Victim Services under s.10F/10H and the certificate and notice were properly given, the Small Claims Court’s inquiry is limited to whether the notice and certificate were properly delivered and to unrelated tenancy issues; the Director cannot be compelled to disclose underlying records; here the notice and certificate were properly given, the tenancy terminated July 1, 2017, the landlord cannot recover rent for July and August 2017, and the landlord is entitled to retain the security deposit as full and final payment of rent and NSF charges for the tenancy period up to termination.

Court Disposition

Appeal dismissed; tenancy terminated effective July 1, 2017; landlord to retain security deposit; each party to bear their own costs

Orders

  • File and contents sealed from public access
  • When posting decision, redact or modify party names and identifying information to protect tenants' privacy