Rogers v. Burke

Rogers v. Burke

The adjudicator preferred the tenants' credible evidence (photographs, staining, municipal inspector's order) that the water was laden with minerals and unsuitable, found the landlord's post-tenancy lab test inconclusive due to limited parameters and lack of independent sampling controls, and therefore upheld the Director's award of $350 to the tenants.

Citation
2011 NSSM 14
Parties
Landlord (appellant): Margaret Rogers; Tenant (respondent): Michael Burke; Tenant (respondent): Chara Johnston
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 January 2011
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal dismissed; Order of the Director dated December 21, 2010 confirmed
Legal Topics
Potable Water, Habitability, Rent Abatement, Credibility Findings, Remedies, Municipal Building Orders
Source Language
English
Landlord and Tenant Residential Tenancies Administrative Law Property Evidence Potable Water Habitability Rent Abatement +3 more

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Parties

Margaret Rogers

Landlord (appellant)

Michael Burke

Tenant (respondent)

Chara Johnston

Tenant (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether the unit's water was potable and suitable for use
  2. 2 Whether the landlord breached obligations to provide potable water
  3. 3 Whether the Director's order awarding $350 to tenants should be upheld

Ratio Decidendi

The adjudicator preferred the tenants' credible evidence (photographs, staining, municipal inspector's order) that the water was laden with minerals and unsuitable, found the landlord's post-tenancy lab test inconclusive due to limited parameters and lack of independent sampling controls, and therefore upheld the Director's award of $350 to the tenants.

Court Disposition

Appeal dismissed; Order of the Director dated December 21, 2010 confirmed

Orders

  • The appeal is dismissed and the Order of the Director dated December 21, 2010 is confirmed in all respects
  • Landlord remains responsible for the monetary award previously ordered (as confirmed)