Lal v. Willis

Lal v. Willis

Adjudicator accepted inspector's findings and tenant's evidence on a balance of probabilities, rejected landlord's account as not credible, held landlord breached duty to provide habitable premises by failing to remediate mould, and awarded compensatory damages for ruined property while dismissing general damages as beyond the Act's jurisdiction.

Citation
2008 NSSM 4
Parties
Landlord (appellant): Saroj Lal; Tenant (respondent): Kayleena R. Willis
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 January 2008
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / De Novo Appeal Hearing; Decision Rendered
Outcome
Appeal allowed in part; judgment for tenant varied upward from Director's award.
Legal Topics
Mould, Habitability, Damages for Ruined Personal Property, Jurisdictional Limits on General Damages, Credibility Findings
Source Language
English
Residential Tenancies Landlord Tenant Law Property Damage Health and Safety Small Claims Court Procedure Mould Habitability Damages for Ruined Personal Property +2 more

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Parties

Saroj Lal

Landlord (appellant)

Kayleena R. Willis

Tenant (respondent)

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court) / De Novo Appeal Hearing; Decision Rendered

Legal Issues

  1. 1 Whether the landlord breached the statutory obligation to provide premises suitable for habitation
  2. 2 Whether mould existed in the premises and caused damage to tenant's belongings
  3. 3 Whether the landlord failed to rectify the mould after notice

Ratio Decidendi

Adjudicator accepted inspector's findings and tenant's evidence on a balance of probabilities, rejected landlord's account as not credible, held landlord breached duty to provide habitable premises by failing to remediate mould, and awarded compensatory damages for ruined property while dismissing general damages as beyond the Act's jurisdiction.

Court Disposition

Appeal allowed in part; judgment for tenant varied upward from Director's award.

Orders

  • Judgment in favour of Kayleena R. Willis against Saroj Lal in the amount of $862.50 CAD.
  • Director's prior award of $787.50 varied to $862.50.