3302739 Nova Scotia Ltd. v. Douthwright

3302739 Nova Scotia Ltd. v. Douthwright

The appeal is dismissed and the Director's Residential Tenancies order is confirmed because the fixed-term lease issue and related matters are barred by res judicata/issue estoppel absent fraud or truly new evidence or fairness justification; the landlord did not validly increase rent because no four-month written notice was given under s.11(2) of the Residential Tenancies Act; returned-cheque fees of $50 each are recoverable under the lease and past practice, resulting in an award of $150 to the landlord; termination of the tenancy was not ordered for the late July payment.

Citation
2021 NSSM 57
Parties
Landlord: 3302739 Nova Scotia Ltd.; Tenants: Melissa and Michael Douthwright
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 September 2021
Procedural Posture
Appeal From Director of Residential Tenancies Decision / Final Adjudication on Appeal (small Claims Court)
Outcome
Appeal dismissed; order of the Director of Residential Tenancies confirmed with modification
Legal Topics
Fixed Term Lease Vs Periodic Tenancy, Res Judicata/issue Estoppel and Exceptions, Rent Increase Notice Requirements, Late Payment/returned Cheque Fees, Eviction/termination, Parking Entitlement, Good Behaviour Statutory Condition
Source Language
English
Residential Tenancies Landlord Tenant Law Civil Procedure Fixed Term Lease Vs Periodic Tenancy Res Judicata/issue Estoppel and Exceptions Rent Increase Notice Requirements Late Payment/returned Cheque Fees Eviction/termination +2 more

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Parties

3302739 Nova Scotia Ltd.

Landlord

Melissa and Michael Douthwright

Tenants

Procedural Posture

Appeal From Director of Residential Tenancies Decision / Final Adjudication on Appeal (small Claims Court)

Legal Issues

  1. 1 Whether the lease was a fixed-term lease expiring June 30, 2021 or a periodic/year-to-year tenancy
  2. 2 Whether res judicata/issue estoppel barred relitigation of the fixed-term lease and related issues
  3. 3 Whether landlord validly increased rent effective July 1, 2021 under statutory notice requirements

Ratio Decidendi

The appeal is dismissed and the Director's Residential Tenancies order is confirmed because the fixed-term lease issue and related matters are barred by res judicata/issue estoppel absent fraud or truly new evidence or fairness justification; the landlord did not validly increase rent because no four-month written notice was given under s.11(2) of the Residential Tenancies Act; returned-cheque fees of $50 each are recoverable under the lease and past practice, resulting in an award of $150 to the landlord; termination of the tenancy was not ordered for the late July payment.

Court Disposition

Appeal dismissed; order of the Director of Residential Tenancies confirmed with modification

Orders

  • Appeal dismissed and the Director of Residential Tenancies order dated July 23, 2021 is confirmed (modified)
  • Tenants ordered to pay landlord $150.00 for returned-cheque/late payment fees