Dominix v. Watts

Dominix v. Watts

The Adjudicator found no actionable negligence or breach by the landlords, concluded the mould was caused by humidity and contributing factors including the bed design and tenant's sporadic de-humidifier use, and determined texts show the landlords offered cleaning options rather than insisting on disposal; therefore the tenant's loss was not the landlords' responsibility and the appeal is dismissed.

Citation
2019 NSSM 6
Parties
Tenant (appellant): Amanda Dominix; Landlord (respondent): Amanda Watts; Landlord (respondent): Ryan McKenna
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
7 February 2019
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Hearing and Decision on Appeal
Outcome
Appeal dismissed
Legal Topics
Mould Damage, Remedies, Landlord Liability, Negligence, Misrepresentation, Tenant Obligations
Source Language
English
Landlord Tenant Law Residential Tenancies Property Damage Negligence Small Claims Mould Damage Remedies Landlord Liability +2 more

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Parties

Amanda Dominix

Tenant (appellant)

Amanda Watts

Landlord (respondent)

Ryan McKenna

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Hearing and Decision on Appeal

Legal Issues

  1. 1 Whether landlords are liable for tenant's damaged furniture due to mould
  2. 2 Whether landlords breached lease or were negligent in a way that caused mould damage
  3. 3 Whether landlords induced the tenant to dispose of furniture such that compensation is owed

Ratio Decidendi

The Adjudicator found no actionable negligence or breach by the landlords, concluded the mould was caused by humidity and contributing factors including the bed design and tenant's sporadic de-humidifier use, and determined texts show the landlords offered cleaning options rather than insisting on disposal; therefore the tenant's loss was not the landlords' responsibility and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal stands dismissed.