Jalil v. Latif

Jalil v. Latif

The February 29, 2016 written lease established a valid, paid-up three-year lease of roof-light 991 which Robinson breached by removing the roof-light; Latif was not personally liable because he acted in his capacity as an employee and did not willfully interfere; damages were fixed at the proven rental value of...

Source-derived case information.

Citation
2017 NSSM 22
Parties
Claimant: Mohammed Abdul Jalil; Defendant: Majid Latif; Defendant: Timothy Robinson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 May 2017
Procedural Posture
Small Claims Court of Nova Scotia / Decision (post Hearing)
Outcome
Judgment for Claimant against Defendant Timothy Robinson for breach of lease; claim against Majid Latif dismissed.
Legal Topics
Breach of Contract, Damages Assessment, Agency and Personal Liability of Employees, Lease of Non Transferable Licence/roof Light
Source Language
english
Contract Law Employment/agency Law Administrative/regulatory Matters Breach of Contract Damages Assessment Agency and Personal Liability of Employees Lease of Non Transferable Licence/roof Light

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Parties

Mohammed Abdul Jalil

Claimant

Majid Latif

Defendant

Timothy Robinson

Defendant

Procedural Posture

Small Claims Court of Nova Scotia / Decision (post Hearing)

Legal Issues

  1. 1 Whether a valid lease of roof-light 991 existed
  2. 2 Whether Timothy Robinson breached the lease agreement
  3. 3 Whether Majid Latif is personally liable for interference or acted within employment authority

Ratio Decidendi

The February 29, 2016 written lease established a valid, paid-up three-year lease of roof-light 991 which Robinson breached by removing the roof-light; Latif was not personally liable because he acted in his capacity as an employee and did not willfully interfere; damages were fixed at the proven rental value of $400/month for 18 months totaling $7,200 plus costs.

Court Disposition

Judgment for Claimant against Defendant Timothy Robinson for breach of lease; claim against Majid Latif dismissed.

Orders

  • Judgment against Timothy Robinson in the amount of $7,200.00
  • Costs awarded against Timothy Robinson in the amount of $199.35