Opus 3 Investments Ltd. v. Schnare

Opus 3 Investments Ltd. v. Schnare

On a de novo appeal the Court found insufficient proof bed bugs pre-existed tenancy but concluded landlord bears financial responsibility under Statutory Condition One to address the infestation; awarded tenant $500 for past inconvenience, refused termination for noise absent developed evidence, ordered tenant to pay outstanding rent, and declined to order ongoing rebate or costs.

Citation
2009 NSSM 12
Parties
Appellant (landlord): Opus 3 Investments Ltd.; Respondent (tenant): Heather Schnare
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
23 April 2009
Procedural Posture
Appeal From Director of Residential Tenancies to Small Claims Court (de Novo Hearing) / Written Decision After De Novo Hearing on Appeal
Outcome
Landlord appeal dismissed in part; tenant's rent rebate application allowed in part; termination of tenancy denied; no costs awarded.
Legal Topics
Habitability, Pest Infestation (bed Bugs), Rent Rebate, Termination of Tenancy, Statutory Conditions
Source Language
English
Landlord Tenant Residential Tenancies Administrative Law Small Claims Habitability Pest Infestation (bed Bugs) Rent Rebate Termination of Tenancy +1 more

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Parties

Opus 3 Investments Ltd.

Appellant (landlord)

Heather Schnare

Respondent (tenant)

Procedural Posture

Appeal From Director of Residential Tenancies to Small Claims Court (de Novo Hearing) / Written Decision After De Novo Hearing on Appeal

Legal Issues

  1. 1 What is the standard of review on appeal from a Residential Tenancy Officer?
  2. 2 Is the tenant entitled to a rent rebate for bed bug infestation?
  3. 3 Should the tenancy be terminated based on landlord evidence (noise complaints)?

Ratio Decidendi

On a de novo appeal the Court found insufficient proof bed bugs pre-existed tenancy but concluded landlord bears financial responsibility under Statutory Condition One to address the infestation; awarded tenant $500 for past inconvenience, refused termination for noise absent developed evidence, ordered tenant to pay outstanding rent, and declined to order ongoing rebate or costs.

Court Disposition

Landlord appeal dismissed in part; tenant's rent rebate application allowed in part; termination of tenancy denied; no costs awarded.

Orders

  • Landlord ordered to pay tenant $500.00 as a rent rebate for period December 7, 2008 to February 6, 2009.
  • Tenant ordered to immediately pay any outstanding past rent withheld.