Marshall v. Johnstone

Marshall v. Johnstone

Appellant breached the lease and landlord rules by failing to consistently remove dog waste and by maintaining the apartment in a hazardous, cluttered state; the Appellant failed to prove a duty to accommodate that would exempt him from pet-waste obligations; acceptance of rent did not establish landlord consent to renew the expired fixed-term lease, so the tenancy ended May 31, 2023; accordingly the appeal is dismissed and the Director's termination order is affirmed, with a grace period to vacate to July 31, 2024.

Citation
2024 NSSM 16
Parties
Appellant: Gregory Marshall; Respondent: Ryan Johnstone
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 April 2024
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal
Outcome
Appeal dismissed; Order of the Director dated July 19, 2023 affirmed.
Legal Topics
Fixed Term Lease, Statutory Conditions, Landlord Rules, Duty to Accommodate, Vacant Possession/eviction, Pet Policy/dog Waste
Source Language
English
Residential Tenancies Landlord and Tenant Law Accommodation/duty to Accommodate Property/pets Policy Fixed Term Lease Statutory Conditions Landlord Rules Duty to Accommodate +2 more

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Parties

Gregory Marshall

Appellant

Ryan Johnstone

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Did the Appellant breach statutory conditions or the Landlord's Rules?
  2. 2 Did the Respondent breach statutory conditions?
  3. 3 Does the Respondent have a duty to accommodate the Appellant due to his medical conditions?

Ratio Decidendi

Appellant breached the lease and landlord rules by failing to consistently remove dog waste and by maintaining the apartment in a hazardous, cluttered state; the Appellant failed to prove a duty to accommodate that would exempt him from pet-waste obligations; acceptance of rent did not establish landlord consent to renew the expired fixed-term lease, so the tenancy ended May 31, 2023; accordingly the appeal is dismissed and the Director's termination order is affirmed, with a grace period to vacate to July 31, 2024.

Court Disposition

Appeal dismissed; Order of the Director dated July 19, 2023 affirmed.

Orders

  • Order of the Director dated July 19, 2023 is affirmed.
  • Appellant shall provide vacant possession on or before July 31, 2024.