Ocean Equities Ltd. v. Colley

Ocean Equities Ltd. v. Colley

The lease was a yearly tenancy with anniversary date June 1; no valid three-month notice was given on or before March 1, 2005 so the lease automatically renewed on June 1, 2005; the landlord failed to prove on a balance of probabilities that the tenant herself contravened an enactment or that her conduct posed a risk to safety or security sufficient to justify short notice under s.10(7A); therefore the Residential Tenancies Officer's decision was correct and termination was not warranted.

Citation
2005 NSSM 33
Parties
Landlord/appellant: Ocean Equities Limited; Tenant/respondent: Ramona Colley
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
30 August 2005
Procedural Posture
Residential Tenancy Appeal (small Claims Court) / Appeal Hearing/decision
Outcome
Appeal dismissed; decision of Residential Tenancies Officer dated August 3, 2005 upheld
Legal Topics
Notice to Quit, Anniversary Date, Automatic Renewal, Short Notice for Safety/security, Burden of Proof
Source Language
English
Landlord and Tenant Residential Tenancies Act Eviction Evidence Notice to Quit Anniversary Date Automatic Renewal Short Notice for Safety/security +1 more

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Parties

Ocean Equities Limited

Landlord/appellant

Ramona Colley

Tenant/respondent

Procedural Posture

Residential Tenancy Appeal (small Claims Court) / Appeal Hearing/decision

Legal Issues

  1. 1 What type of tenancy existed (fixed, monthly, yearly)?
  2. 2 Was three months notice given prior to anniversary date?
  3. 3 Was short notice justified under s.10(7A) for risk to safety or security?

Ratio Decidendi

The lease was a yearly tenancy with anniversary date June 1; no valid three-month notice was given on or before March 1, 2005 so the lease automatically renewed on June 1, 2005; the landlord failed to prove on a balance of probabilities that the tenant herself contravened an enactment or that her conduct posed a risk to safety or security sufficient to justify short notice under s.10(7A); therefore the Residential Tenancies Officer's decision was correct and termination was not warranted.

Court Disposition

Appeal dismissed; decision of Residential Tenancies Officer dated August 3, 2005 upheld

Orders

  • Appeal dismissed
  • Residential Tenancies Officer's decision upheld