Chedrawe v. McLaughlin

Chedrawe v. McLaughlin

The landlord unlawfully changed the locks and failed to follow statutory procedures for abandonment and disposal of tenant property, the tenant provided credible evidence including an expert valuation and receipts quantifying loss, and therefore the Small Claims Court dismissed the landlord's appeal and awarded the tenant compensatory damages totaling $16,216.99.

Citation
2023 NSSM 19
Parties
Landlord/appellant: Assad Chedrawe; Tenant/respondent: Wesley McLaughlin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 April 2023
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Hearing De Novo Decision
Outcome
Appeal dismissed; decision of Residential Tenancies Officer varied in part
Legal Topics
Illegal Eviction, Unilateral Lock Change, Abandonment, Disposal of Tenant Property, Compensation for Damaged Property, Evidence and Valuation
Source Language
English
Residential Tenancies Landlord and Tenant Law Property Law Civil Procedure Illegal Eviction Unilateral Lock Change Abandonment Disposal of Tenant Property +2 more

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Parties

Assad Chedrawe

Landlord/appellant

Wesley McLaughlin

Tenant/respondent

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Hearing De Novo Decision

Legal Issues

  1. 1 Whether the landlord unlawfully changed the locks and effected an illegal eviction in breach of statutory conditions
  2. 2 Whether the landlord could rely on abandonment or non-payment of rent to justify entry and disposal
  3. 3 Whether the tenant provided admissible evidence to quantify loss of collectables

Ratio Decidendi

The landlord unlawfully changed the locks and failed to follow statutory procedures for abandonment and disposal of tenant property, the tenant provided credible evidence including an expert valuation and receipts quantifying loss, and therefore the Small Claims Court dismissed the landlord's appeal and awarded the tenant compensatory damages totaling $16,216.99.

Court Disposition

Appeal dismissed; decision of Residential Tenancies Officer varied in part

Orders

  • Dismiss the landlord's appeal
  • Landlord to pay tenant $16,216.99 as awarded in the decision dated April 30, 2023