Witherell v. Godin

Witherell v. Godin

The appellant failed to discharge the onus under s.10B because, on the evidence, his reduced income was not shown to be not reasonably sufficient to pay his portion of the rent and other reasonable expenses; accordingly early termination was not justified and damages were limited by the landlord's partial mitigation, resulting in one month's rent plus modest damage award.

Citation
2006 NSSM 17
Parties
Appellant: Lawrence E. Witherell; Appellant: Violet Herczeg; Respondent: Tanya Godin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
8 August 2006
Procedural Posture
Residential Tenancy Small Claims Court / Appeal of Residential Tenancy Order Under S.10 B
Outcome
Appeal dismissed in part; appellants held liable to respondent in the sum ordered, subject to security deposit determination
Legal Topics
Early Termination, Medical Hardship, Notice Requirements, Burden of Proof, Security Deposit, Damages Assessment
Source Language
English
Residential Tenancies Landlord and Tenant Statutory Interpretation Mitigation of Damages Early Termination Medical Hardship Notice Requirements Burden of Proof +2 more

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Parties

Lawrence E. Witherell

Appellant

Violet Herczeg

Appellant

Tanya Godin

Respondent

Procedural Posture

Residential Tenancy Small Claims Court / Appeal of Residential Tenancy Order Under S.10 B

Legal Issues

  1. 1 Whether s.10B of the Residential Tenancies Act permits early termination where a tenant's income is reduced due to significant deterioration of health
  2. 2 Whether the appellant met the onus to show his reduced income was not reasonably sufficient to pay his portion of rent and other reasonable expenses
  3. 3 Whether the landlord reasonably mitigated her losses after early termination

Ratio Decidendi

The appellant failed to discharge the onus under s.10B because, on the evidence, his reduced income was not shown to be not reasonably sufficient to pay his portion of the rent and other reasonable expenses; accordingly early termination was not justified and damages were limited by the landlord's partial mitigation, resulting in one month's rent plus modest damage award.

Court Disposition

Appeal dismissed in part; appellants held liable to respondent in the sum ordered, subject to security deposit determination

Orders

  • Appellants are jointly and severally liable for one month's rent of $825.00
  • Appellants are liable for $75.00 for damage to the premises