Reid v. O’Hearn Holdings Trust

Reid v. O’Hearn Holdings Trust

The adjudicator found no evidence of landlord bad faith but held the landlord failed to comply with the statutory form requirement in s.10AA because a statutory declaration was provided instead of the required affidavit; awarding compensation under s.17A(d), the tribunal granted $1,000 to the tenant for rent-related losses (July–September 2022) and dismissed the remainder of the tenant's claims.

Citation
2024 NSSM 5
Parties
Appellant/tenant: Shelly Reid; Respondent/landlord: Jill O’Hearn Holdings Trust (2007)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 February 2024
Procedural Posture
Residential Tenancy Appeal (small Claims Court) / Decision (hearing De Novo)
Outcome
Appeal allowed in part; award in favour of tenant limited to $1000; other claims dismissed.
Legal Topics
Eviction, Sale of Rental Property, Bad Faith, Remedies and Compensation, Affidavit Vs Statutory Declaration
Source Language
English
Residential Tenancies Property Law Administrative Law Statutory Interpretation Eviction Sale of Rental Property Bad Faith Remedies and Compensation +1 more

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Parties

Shelly Reid

Appellant/tenant

Jill O’Hearn Holdings Trust (2007)

Respondent/landlord

Procedural Posture

Residential Tenancy Appeal (small Claims Court) / Decision (hearing De Novo)

Legal Issues

  1. 1 Whether the landlord acted in bad faith in ending the tenancy for the purpose of sale
  2. 2 Whether the statutory requirements of s.10AA(2)(d)(ii) (affidavit by purchaser) were met
  3. 3 Appropriate remedy and quantum under s.17A(d) where statutory defect exists

Ratio Decidendi

The adjudicator found no evidence of landlord bad faith but held the landlord failed to comply with the statutory form requirement in s.10AA because a statutory declaration was provided instead of the required affidavit; awarding compensation under s.17A(d), the tribunal granted $1,000 to the tenant for rent-related losses (July–September 2022) and dismissed the remainder of the tenant's claims.

Court Disposition

Appeal allowed in part; award in favour of tenant limited to $1000; other claims dismissed.

Orders

  • Award $1000 to Shelly Reid as compensation under s.17A(d) for rent-related losses (July–September 2022).
  • All other claims by the appellant are dismissed.