D. Jockel Holdings Ltd. v. Vardigans

D. Jockel Holdings Ltd. v. Vardigans

The adjudicator found on the balance of probabilities that the directing mind of the closely held corporate landlord (Dan Jockel) qualifies as the 'landlord' and demonstrated a genuine intention to occupy the premises with his partner and child; therefore the appeal is allowed and an order for termination and vacant possession is granted with a specified date.

Citation
2023 NSSM 16
Parties
Appellant/landlord: D. Jockel Holdings Limited; Respondent/tenant: Caroline Vardigans
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 February 2023
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (hearing De Novo)
Outcome
Appeal allowed. Termination of tenancy and vacant possession granted in favour of appellant. Costs awarded to appellant.
Legal Topics
Notice to Quit, Vacant Possession, Good Faith Requirement, Corporate Landlord Standing, Renoviction, Costs
Source Language
English
Residential Tenancies Eviction Administrative Law Property Law Notice to Quit Vacant Possession Good Faith Requirement Corporate Landlord Standing +2 more

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Parties

D. Jockel Holdings Limited

Appellant/landlord

Caroline Vardigans

Respondent/tenant

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal (hearing De Novo)

Legal Issues

  1. 1 Whether a corporate landlord can invoke s.10(8)(f)(i) for personal/family residence
  2. 2 Whether the landlord acted in good faith in seeking possession for residence
  3. 3 Whether alleged renovation plans (renoviction) were relevant

Ratio Decidendi

The adjudicator found on the balance of probabilities that the directing mind of the closely held corporate landlord (Dan Jockel) qualifies as the 'landlord' and demonstrated a genuine intention to occupy the premises with his partner and child; therefore the appeal is allowed and an order for termination and vacant possession is granted with a specified date.

Court Disposition

Appeal allowed. Termination of tenancy and vacant possession granted in favour of appellant. Costs awarded to appellant.

Orders

  • Termination of tenancy effective 2023-08-31
  • Vacant possession of the premises to be delivered to the landlord on 2023-08-31