Laurie v. Pink

Laurie v. Pink

Landlord failed to establish on the balance of probabilities that the tenant caused the loss of the shelving unit or that the landlord mitigated his losses sufficiently to justify recovery of two months' lost rent; therefore the Director's decision was confirmed and the appeal dismissed.

Citation
2018 NSSM 42
Parties
Appellant/landlord: Michael Laurie; Respondent/tenant: Ronald Pink, QC
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 July 2018
Procedural Posture
Appeal From Residential Tenancies Officer to Small Claims Court (de Novo) / Decision on Appeal (de Novo Hearing)
Outcome
Appeal dismissed; decision of Director/Residential Tenancies Officer confirmed; landlord awarded limited judgment based on agreed damages less security deposit.
Legal Topics
Mitigation of Damages, Security Deposit, Abandonment and Termination, Damages for Loss of Property, Standard of Proof, Repair and Maintenance
Source Language
English
Residential Tenancies Landlord and Tenant Law Contract Law Civil Procedure Mitigation of Damages Security Deposit Abandonment and Termination Damages for Loss of Property +2 more

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Parties

Michael Laurie

Appellant/landlord

Ronald Pink, QC

Respondent/tenant

Procedural Posture

Appeal From Residential Tenancies Officer to Small Claims Court (de Novo) / Decision on Appeal (de Novo Hearing)

Legal Issues

  1. 1 Whether landlord mitigated damages after tenant's termination/abandonment
  2. 2 Whether landlord proved entitlement to two months' lost rent
  3. 3 Whether tenant was liable for loss of custom shelving unit

Ratio Decidendi

Landlord failed to establish on the balance of probabilities that the tenant caused the loss of the shelving unit or that the landlord mitigated his losses sufficiently to justify recovery of two months' lost rent; therefore the Director's decision was confirmed and the appeal dismissed.

Court Disposition

Appeal dismissed; decision of Director/Residential Tenancies Officer confirmed; landlord awarded limited judgment based on agreed damages less security deposit.

Orders

  • Appeal dismissed and Director's decision confirmed
  • Parties to bear their own costs of the appeal