Alpha Realty Ltd. v. Bird

Alpha Realty Ltd. v. Bird

Adjudicator found the tenant credibly proved a verbal agreement by the landlord's agent to include inside parking in the rent, held that rectification (or promissory estoppel) was available despite s.8(2) due to prolonged part performance and conduct over eight-plus years, and ordered the written lease be rectified to reflect inside/underground parking; appeal dismissed and Director's decision affirmed.

Citation
2021 NSSM 36
Parties
Appellant/landlord: Alpha Realty Ltd.; Respondent/tenant: Janet B. Bird
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 October 2021
Procedural Posture
Small Claims Court Appeal (residential Tenancies) / Decision (appeal Heard and Decided)
Outcome
Appeal dismissed; Decision of Residential Tenancies Director affirmed; Lease rectified to include inside/underground parking
Legal Topics
Rectification, Promissory Estoppel, Standard Form of Lease, Rental Increase, Part Performance/statute of Frauds
Source Language
English
Residential Tenancies Law Contract Law Equitable Remedies Rectification Promissory Estoppel Standard Form of Lease Rental Increase Part Performance/statute of Frauds

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Parties

Alpha Realty Ltd.

Appellant/landlord

Janet B. Bird

Respondent/tenant

Procedural Posture

Small Claims Court Appeal (residential Tenancies) / Decision (appeal Heard and Decided)

Legal Issues

  1. 1 Whether a verbal promise to include inside/underground parking can be enforced despite contrary written lease terms
  2. 2 Whether the written lease can be rectified to reflect the verbal agreement given s.8(2) of the Residential Tenancies Act
  3. 3 Whether promissory estoppel provides relief and whether any entitlement to free parking is perpetual

Ratio Decidendi

Adjudicator found the tenant credibly proved a verbal agreement by the landlord's agent to include inside parking in the rent, held that rectification (or promissory estoppel) was available despite s.8(2) due to prolonged part performance and conduct over eight-plus years, and ordered the written lease be rectified to reflect inside/underground parking; appeal dismissed and Director's decision affirmed.

Court Disposition

Appeal dismissed; Decision of Residential Tenancies Director affirmed; Lease rectified to include inside/underground parking

Orders

  • Appeal dismissed and Decision of the Residential Tenancies Director dated May 5, 2021 affirmed
  • Lease Agreement dated February 14, 2013 rectified by deleting the words "one outside" and replacing them with "One Inside/Underground" in Section 9