K.N. v. A.N.

K.N. v. A.N.

The Adjudicator accepted the landlord acted in good faith under s.10(8)(f)(i) and, applying the factors in Gallant v. Brigley, concluded the landlord's urgent need for a safe, habitable residence justified varying the Director's order to an earlier termination date of October 15, 2025; the tenant's request for a later date was outweighed by the proven need of the landlord.

Citation
2025 NSSM 68
Parties
Appellant/landlord: K.N.; Respondent/tenant: A.N.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 September 2025
Procedural Posture
Appeal of Director of Residential Tenancies Order / Decision on Appeal
Outcome
Order varied to provide earlier termination date of October 15, 2025; tenant's request for extension denied; no costs awarded.
Legal Topics
Possession for Personal Residence, Good Faith Requirement, Termination of Tenancy, Notice to Quit
Source Language
English
Residential Tenancies Property Law Administrative Law Housing Law Small Claims Possession for Personal Residence Good Faith Requirement Termination of Tenancy +1 more

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Parties

K.N.

Appellant/landlord

A.N.

Respondent/tenant

Procedural Posture

Appeal of Director of Residential Tenancies Order / Decision on Appeal

Legal Issues

  1. 1 Whether the landlord satisfied the good faith requirement in s.10(8)(f)(i) to obtain possession for personal residence
  2. 2 Whether the Director's termination date should be varied to an earlier date
  3. 3 Balancing landlord's property rights and need for housing against tenant's hardship and relocation needs

Ratio Decidendi

The Adjudicator accepted the landlord acted in good faith under s.10(8)(f)(i) and, applying the factors in Gallant v. Brigley, concluded the landlord's urgent need for a safe, habitable residence justified varying the Director's order to an earlier termination date of October 15, 2025; the tenant's request for a later date was outweighed by the proven need of the landlord.

Court Disposition

Order varied to provide earlier termination date of October 15, 2025; tenant's request for extension denied; no costs awarded.

Orders

  • Original Director's order varied to provide termination of tenancy on October 15, 2025
  • Tenant's request to extend the termination date to January 31, 2026 denied