Anderson v. Desveaux

Anderson v. Desveaux

The appeal is dismissed because the bulk of the landlords’ claims constituted fresh claims not before the Residential Tenancy Officer and therefore beyond the appellate jurisdiction of this court; landlords must bring a new application to the Director for damages and additional rent, and the court cannot make orders affecting tenants who were not served.

Citation
2013 NSSM 17
Parties
Landlord (appellant): Wanda Anderson; Landlord (appellant): Chris Joseph; Tenant (respondent): Elizabeth Desveaux; Tenant (respondent): Joseph Desveaux; Tenant (respondent): Debbie Desveaux; Tenant (respondent): James Desveaux
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 March 2013
Procedural Posture
Appeal From Director of Residential Tenancies / Appeal Decision (small Claims Court)
Outcome
Appeal dismissed without prejudice to new application to the Director of Residential Tenancies
Legal Topics
Jurisdiction, Fresh Claim, Damage Claims, Termination of Tenancy, Rent Arrears, Damage Deposit
Source Language
English
Residential Tenancies Landlord Tenant Law Small Claims Property Damage Jurisdiction Fresh Claim Damage Claims Termination of Tenancy +2 more

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Parties

Wanda Anderson

Landlord (appellant)

Chris Joseph

Landlord (appellant)

Elizabeth Desveaux

Tenant (respondent)

Joseph Desveaux

Tenant (respondent)

Debbie Desveaux

Tenant (respondent)

James Desveaux

Tenant (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether the Small Claims Court on appeal can entertain claims that were not before the Residential Tenancy Officer
  2. 2 Whether landlords are entitled to damages for alleged property damage discovered after the RTO hearing
  3. 3 Whether landlords can claim an additional month’s rent for delay in repairs

Ratio Decidendi

The appeal is dismissed because the bulk of the landlords’ claims constituted fresh claims not before the Residential Tenancy Officer and therefore beyond the appellate jurisdiction of this court; landlords must bring a new application to the Director for damages and additional rent, and the court cannot make orders affecting tenants who were not served.

Court Disposition

Appeal dismissed without prejudice to new application to the Director of Residential Tenancies

Orders

  • Appeal dismissed and RTO decision stands (only $100 NSF charge allowed at RTO)
  • Landlords may bring a fresh application to the Director of Residential Tenancies for compensation for damages, additional month’s rent and for authorization to retain the damage deposit