Graves v. Westphal Court Limited

Graves v. Westphal Court Limited

Where the Residential Tenancies Act provides a statutory right of appeal to the Small Claims Court and mandates a de novo hearing, the Court has jurisdiction to hear appeals from the Director even when the Director’s decision involved interpretation of a departmental policy; tenants are not required to pursue judicial review first and the application to dismiss for want of jurisdiction is denied.

Citation
2024 NSSM 75
Parties
Tenant/appellant: Nicole Herd; Tenant/appellant: Eloise Graves; Landlord/applicant: Westphal Court Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 April 2024
Procedural Posture
Appeal Under the Residential Tenancies Act to Small Claims Court / Jurisdictional Motion Decided; Application to Dismiss Denied; Matters Set to Proceed to Hearing De Novo
Outcome
Application to dismiss denied; appeals to proceed to hearing de novo in Small Claims Court
Legal Topics
Jurisdiction, Judicial Review Vs Appeal, Administrative Policy Interpretation, Water Metering in Land Lease Communities, Remedies on Appeal
Source Language
English
Residential Tenancies Administrative Law Civil Procedure Small Claims Court Jurisdiction Jurisdiction Judicial Review Vs Appeal Administrative Policy Interpretation Water Metering in Land Lease Communities +1 more

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Parties

Nicole Herd

Tenant/appellant

Eloise Graves

Tenant/appellant

Westphal Court Ltd.

Landlord/applicant

Procedural Posture

Appeal Under the Residential Tenancies Act to Small Claims Court / Jurisdictional Motion Decided; Application to Dismiss Denied; Matters Set to Proceed to Hearing De Novo

Legal Issues

  1. 1 Whether the Small Claims Court has jurisdiction to hear de novo appeals from the Director under the Residential Tenancies Act where the Director considered a departmental policy
  2. 2 Whether tenants must pursue judicial review against the Director rather than appeal to Small Claims Court when the Director relied on departmental policy
  3. 3 Whether Policy #45 has the force of legislation and whether that affects jurisdiction

Ratio Decidendi

Where the Residential Tenancies Act provides a statutory right of appeal to the Small Claims Court and mandates a de novo hearing, the Court has jurisdiction to hear appeals from the Director even when the Director’s decision involved interpretation of a departmental policy; tenants are not required to pursue judicial review first and the application to dismiss for want of jurisdiction is denied.

Court Disposition

Application to dismiss denied; appeals to proceed to hearing de novo in Small Claims Court

Orders

  • Application to dismiss the two appeals denied by the Court
  • Both matters (Herd v Westphal Court Ltd. and Graves v Westphal Court Ltd.) to proceed to hearing de novo before the Small Claims Court