Lake v. Dow

Lake v. Dow

Appellants breached the signed mediated settlement by failing to pay January and February rent; their counterclaims lacked admissible evidence and quantification; accordingly the mediated settlement and lease terms were enforced, requiring payment of outstanding rent and termination of tenancy with vacant possession ordered by the specified date.

Citation
2015 NSSM 4
Parties
Appellant: James A. Lake; Appellant: Geraldine M. Lake; Respondent: Sharon A. Dow
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 February 2015
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal dismissed in part; appellants ordered to pay outstanding rent and tenancy terminated with vacant possession ordered.
Legal Topics
Termination of Tenancy, Rent Arrears, Mediated Settlement Enforcement, Counterclaim for Services, Vacant Possession, Evidence/quantification of Damages
Source Language
English
Residential Tenancies Landlord and Tenant Contract (mediated Settlement) Small Claims Termination of Tenancy Rent Arrears Mediated Settlement Enforcement Counterclaim for Services +2 more

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Parties

James A. Lake

Appellant

Geraldine M. Lake

Appellant

Sharon A. Dow

Respondent

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether the Director's order based on the mediated settlement was properly enforced
  2. 2 Whether appellants breached the mediated settlement by failing to pay January and February rent
  3. 3 Whether appellants' counterclaims for garbage and snow removal and alleged electrical deficiencies were substantiated

Ratio Decidendi

Appellants breached the signed mediated settlement by failing to pay January and February rent; their counterclaims lacked admissible evidence and quantification; accordingly the mediated settlement and lease terms were enforced, requiring payment of outstanding rent and termination of tenancy with vacant possession ordered by the specified date.

Court Disposition

Appeal dismissed in part; appellants ordered to pay outstanding rent and tenancy terminated with vacant possession ordered.

Orders

  • Appellants James A. Lake and Geraldine M. Lake pay the landlord Sharon A. Dow $1500.00.
  • Tenancy is terminated as of February 28, 2015.