Killam Apartment REIT v. Tenants of Nova Scotia Land Lease Communities

Killam Apartment REIT v. Tenants of Nova Scotia Land Lease Communities

Tenants named in a landlord's subsection 11B(2) application and subject to a Director's order are parties with statutory standing to appeal under s.17C of the Residential Tenancies Act; the Small Claims Court may and should apply a paper-based, proportionate procedure approximating the Director's process (including substituted service and limited oral evidence in exceptional cases) to accommodate scale while respecting procedural fairness.

Citation
2024 NSSM 66
Parties
Appellant: Killam Apartment REIT; Respondents: Tenants of Nova Scotia Land Lease Communities
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
28 May 2024
Procedural Posture
Landlord Appeal Under Residential Tenancies Act / Preliminary Ruling (standing)
Outcome
Preliminary ruling: tenants named in the original applications are parties with standing to participate in the appeal; appeal to proceed as a paper hearing with procedures to approximate the Director's process.
Legal Topics
Standing, Appeal Procedure, Service of Process, Paper Hearing, Rent Increase for Land Lease Communities, Audi Alteram Partum
Source Language
English
Residential Tenancies Administrative Law Procedural Fairness Small Claims Court Practice Standing Appeal Procedure Service of Process Paper Hearing +2 more

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Parties

Killam Apartment REIT

Appellant

Tenants of Nova Scotia Land Lease Communities

Respondents

Procedural Posture

Landlord Appeal Under Residential Tenancies Act / Preliminary Ruling (standing)

Legal Issues

  1. 1 Whether tenants named in a landlord's subsection 11B(2) application and subject to a Director's order are 'parties' with standing to appeal under s.17C of the Residential Tenancies Act
  2. 2 What is the extent and form of tenants' participatory rights on appeal (oral hearing vs paper hearing)
  3. 3 Whether serving notices on all tenants is required and practicable given large numbers

Ratio Decidendi

Tenants named in a landlord's subsection 11B(2) application and subject to a Director's order are parties with statutory standing to appeal under s.17C of the Residential Tenancies Act; the Small Claims Court may and should apply a paper-based, proportionate procedure approximating the Director's process (including substituted service and limited oral evidence in exceptional cases) to accommodate scale while respecting procedural fairness.

Court Disposition

Preliminary ruling: tenants named in the original applications are parties with standing to participate in the appeal; appeal to proceed as a paper hearing with procedures to approximate the Director's process.

Orders

  • Tenants originally named in the applications filed with the Director on December 13, 2022, are entitled to participate in this appeal as parties.
  • The Appellant shall serve each of those tenants with the notice of appeal and notice of hearing, with the mode of service to be in accordance with a further hearing order to be prepared.