Crouse v. Timbercreek Asset Management Inc.

Crouse v. Timbercreek Asset Management Inc.

The appeal was dismissed because the alleged defamation is outside the jurisdiction of the Residential Tenancies Officer and Small Claims Court (Small Claims Court Act s.10(c) and Judicature Act s.34), and there was no legal basis in statute or contract to relieve the Tenants of their obligation to pay the February rent; therefore the order requiring payment is confirmed.

Citation
2016 NSSM 15
Parties
Appellant (tenant): Elaine Crouse; Appellant (tenant): George Crouse; Respondent (landlord): Timbercreek Asset Management Inc.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 May 2016
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing and Decision
Outcome
Appeal dismissed; order of the Director of Residential Tenancies confirmed; Tenants ordered to pay $1,472.50 to the Landlord.
Legal Topics
Jurisdiction of Tribunal, Tenant Rent Obligations, Defamatory Landlord References, Remedies for Breach, Security Deposit
Source Language
English
Residential Tenancies Defamation Contract Law Civil Procedure Jurisdiction of Tribunal Tenant Rent Obligations Defamatory Landlord References Remedies for Breach +1 more

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Parties

Elaine Crouse

Appellant (tenant)

George Crouse

Appellant (tenant)

Timbercreek Asset Management Inc.

Respondent (landlord)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing and Decision

Legal Issues

  1. 1 Whether the Tenants could be relieved of rent for February due to the Landlord providing a poor reference
  2. 2 Whether the Residential Tenancies Officer or Small Claims Court has jurisdiction to hear a defamation claim
  3. 3 Whether there was a contractual or statutory basis to relieve the Tenants from their lease obligations

Ratio Decidendi

The appeal was dismissed because the alleged defamation is outside the jurisdiction of the Residential Tenancies Officer and Small Claims Court (Small Claims Court Act s.10(c) and Judicature Act s.34), and there was no legal basis in statute or contract to relieve the Tenants of their obligation to pay the February rent; therefore the order requiring payment is confirmed.

Court Disposition

Appeal dismissed; order of the Director of Residential Tenancies confirmed; Tenants ordered to pay $1,472.50 to the Landlord.

Orders

  • Tenants Elaine Crouse and George Crouse are ordered to pay Timbercreek Asset Management Inc. the sum of $1,472.50.