Brimicombe v. Ding

Brimicombe v. Ding

The flood frustrated the lease such that neither party was obliged to resume tenancy; alternatively, even if the tenancy continued, the respondents met s.10(8)(f)(i) by requiring possession in good faith for family residence (in‑laws and newborn), and they acted in good faith with monetary offer, so the Director's order is affirmed and the appeal dismissed.

Citation
2024 NSSM 17
Parties
Appellant: Jeffrey Brimicombe; Respondent: Yan Ding; Respondent: Ruochen (Eric) Sun
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 April 2024
Procedural Posture
Appeal From Director of Residential Tenancies / Final Decision
Outcome
Appeal dismissed; Order of the Director dated January 30, 2024 affirmed
Legal Topics
Termination of Tenancy, Possession for Family Residence, Act of God/frustration, Damage Deposit, Tenant Insurance, Compensation
Source Language
English
Residential Tenancies Landlord Tenant Contract Frustration Insurance Termination of Tenancy Possession for Family Residence Act of God/frustration Damage Deposit +2 more

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Parties

Jeffrey Brimicombe

Appellant

Yan Ding

Respondent

Ruochen (Eric) Sun

Respondent

Procedural Posture

Appeal From Director of Residential Tenancies / Final Decision

Legal Issues

  1. 1 Whether the lease was frustrated by an Act of God (flood)
  2. 2 Whether the landlord was obliged to re-rent or grant tenancy after restoration
  3. 3 Whether s.10(8)(f)(i) of the Residential Tenancies Act justified termination for landlord/family residence

Ratio Decidendi

The flood frustrated the lease such that neither party was obliged to resume tenancy; alternatively, even if the tenancy continued, the respondents met s.10(8)(f)(i) by requiring possession in good faith for family residence (in‑laws and newborn), and they acted in good faith with monetary offer, so the Director's order is affirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; Order of the Director dated January 30, 2024 affirmed

Orders

  • Order of the Director dated January 30, 2024 affirmed
  • Appeal dismissed