Colley v. Transglobe Properties

Colley v. Transglobe Properties

On the balance of probabilities the tenant was not properly served, the tenancy was year-to-year (commencing July 1, 2006), the landlord's notices to quit were legally ineffective given the term and timing (including insufficient arrears to trigger s.10(6)), and the landlord failed to prove noise complaints sufficient to breach s.9(1); accordingly the Director's eviction order was rescinded and the tenant remains lawfully in possession on a year-to-year tenancy.

Citation
2007 NSSM 68
Parties
Tenant: Channelle Latrice Colley; Landlord: Transglobe Properties
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 November 2007
Procedural Posture
Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal (hearing Held November 13, 2007; Decision November 15, 2007)
Outcome
Appeal allowed; Order of the Director dated October 24, 2007 rescinded; tenant remains in possession on a year-to-year tenancy.
Legal Topics
Notice to Quit, Statutory Condition Good Behaviour (s.9(1)), Service of Process, Retaliatory Eviction (s.20), Tenancy Term Determination, Burden of Proof
Source Language
English
Residential Tenancies Eviction Housing Law Administrative Law Notice to Quit Statutory Condition Good Behaviour (s.9(1)) Service of Process Retaliatory Eviction (s.20) +2 more

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Parties

Channelle Latrice Colley

Tenant

Transglobe Properties

Landlord

Procedural Posture

Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal (hearing Held November 13, 2007; Decision November 15, 2007)

Legal Issues

  1. 1 Whether the tenant was properly served with notice of the Residential Tenancies hearing
  2. 2 Whether the tenancy was year-to-year or month-to-month
  3. 3 Whether the alleged noise complaints established a breach of the statutory good behaviour condition (s.9(1))

Ratio Decidendi

On the balance of probabilities the tenant was not properly served, the tenancy was year-to-year (commencing July 1, 2006), the landlord's notices to quit were legally ineffective given the term and timing (including insufficient arrears to trigger s.10(6)), and the landlord failed to prove noise complaints sufficient to breach s.9(1); accordingly the Director's eviction order was rescinded and the tenant remains lawfully in possession on a year-to-year tenancy.

Court Disposition

Appeal allowed; Order of the Director dated October 24, 2007 rescinded; tenant remains in possession on a year-to-year tenancy.

Orders

  • Order of the Director dated October 24, 2007 rescinded
  • Tenant (Channelle Latrice Colley) remains in possession of 15 Leaman Drive, Apt. 210, Dartmouth on a year-to-year tenancy