MacGillivary v. Maria’s Housing Co-operative Ltd.

MacGillivary v. Maria’s Housing Co-operative Ltd.

The appeal is dismissed because the Tenant procured a procedural indulgence by submitting a forged medical note, destroying her credibility and constituting a gross abuse of court process; consequently the Director's order is varied to terminate the tenancy effective May 31, 2018, arrears are updated to $6,562.50, and all stays are lifted.

Citation
2018 NSSM 27
Parties
Tenant (appellant): ALISSA MacGILLIVARY; Landlord (respondent): MARIA'S HOUSING CO-OPERATIVE LTD.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 May 2018
Procedural Posture
Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal dismissed; Director's order varied
Legal Topics
Eviction, Rent Arrears, Adjournment, Forgery of Medical Document, Stay of Execution, Abuse of Process, Credibility
Source Language
English
Residential Tenancies Landlord and Tenant Civil Procedure Fraud Small Claims Court Practice Eviction Rent Arrears Adjournment +4 more

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Parties

ALISSA MacGILLIVARY

Tenant (appellant)

MARIA'S HOUSING CO-OPERATIVE LTD.

Landlord (respondent)

Procedural Posture

Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether the appeal should be dismissed for abuse of process and forgery
  2. 2 Whether the Tenant had paid rent as claimed
  3. 3 Whether the purported medical note was a forgery

Ratio Decidendi

The appeal is dismissed because the Tenant procured a procedural indulgence by submitting a forged medical note, destroying her credibility and constituting a gross abuse of court process; consequently the Director's order is varied to terminate the tenancy effective May 31, 2018, arrears are updated to $6,562.50, and all stays are lifted.

Court Disposition

Appeal dismissed; Director's order varied

Orders

  • Tenant shall surrender vacant possession of the premises at 190 Ridge Valley Road, Halifax, Nova Scotia B2V 1E8 as at 11:59 p.m. on May 31, 2018.
  • Tenant shall pay to the Landlord the sum of $6,562.50.