Johnson v. Sarty

Johnson v. Sarty

The civil negligence claim was dismissed as outside the Small Claims Court's jurisdiction under the Residential Tenancies Act and barred as duplicitous/res judicata given the parallel Director proceeding; on the appeal the adjudicator found the tenancy was frustrated effective September 11, 2018 so rent ceased then (prorated rent owing for 11 days of September), ordered the landlord to refund $186.66 from the security deposit, and held that tenants cannot recover from the landlord losses already indemnified under their tenants' insurance in the circumstances of this case.

Citation
2019 NSSM 17
Parties
Tenant / Claimant (appellant): Amanda Johnson; Tenant / Claimant (appellant): Dennis O'Toole; Landlord / Defendant (respondent): Steve A. Sarty
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 April 2019
Procedural Posture
Appeal From Director of Residential Tenancies and Related Small Claims Civil Negligence Claim / Decision on Appeal and Dismissal of Civil Claim (final Adjudication)
Outcome
Civil claim (SCCH 483764) dismissed; appeal from Residential Tenancies (SCCH 481823) allowed in part — tenancy frustrated effective September 11, 2018; limited refund ordered to tenants.
Legal Topics
Jurisdiction, Res Judicata/duplicity, Frustration of Contract, Private Insurance Exception/double Recovery, Statutory Condition of Repair, Subrogation, Remedies and Damages
Source Language
English
Residential Tenancies Tort (negligence) Contract Law Civil Procedure Property/occupier Liability Jurisdiction Res Judicata/duplicity Frustration of Contract +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 7 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Amanda Johnson

Tenant / Claimant (appellant)

Dennis O'Toole

Tenant / Claimant (appellant)

Steve A. Sarty

Landlord / Defendant (respondent)

Procedural Posture

Appeal From Director of Residential Tenancies and Related Small Claims Civil Negligence Claim / Decision on Appeal and Dismissal of Civil Claim (final Adjudication)

Legal Issues

  1. 1 Whether Small Claims Court had jurisdiction to hear the civil negligence claim given the Residential Tenancies Act and Small Claims Court Act
  2. 2 Whether the civil claim was abusive/duplicitous or barred by res judicata because matter had been decided or was before the Director of Residential Tenancies
  3. 3 Whether the Landlord breached statutory condition to keep premises in good repair or was negligent regarding dehumidification and remediation

Ratio Decidendi

The civil negligence claim was dismissed as outside the Small Claims Court's jurisdiction under the Residential Tenancies Act and barred as duplicitous/res judicata given the parallel Director proceeding; on the appeal the adjudicator found the tenancy was frustrated effective September 11, 2018 so rent ceased then (prorated rent owing for 11 days of September), ordered the landlord to refund $186.66 from the security deposit, and held that tenants cannot recover from the landlord losses already indemnified under their tenants' insurance in the circumstances of this case.

Court Disposition

Civil claim (SCCH 483764) dismissed; appeal from Residential Tenancies (SCCH 481823) allowed in part — tenancy frustrated effective September 11, 2018; limited refund ordered to tenants.

Orders

  • Dismissal of civil action SCCH 483764 (claim and counterclaim dismissed)
  • Allow appeal from Residential Tenancies SCCH 481823 to the limited extent that rent is excused after September 11, 2018 and the Landlord shall refund $186.66 of the security deposit to the Tenants (prorated rent for 11 days of September is $513.33; August rent remains payable)