4375421 Nova Scotia Ltd. v. Wilson

4375421 Nova Scotia Ltd. v. Wilson

The appeal fails because the landlord did not satisfy the mandatory statutory requirement in s.10AB(3) to have all necessary permits and approvals (the electrical permit was not obtained); absence of that required permit fatally undermines the application for vacant possession, so the Director's Order is confirmed.

Citation
2023 NSSM 62
Parties
Appellant/landlord: 4375421 Nova Scotia Ltd.; Respondent/tenant: Gertrude Wilson
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
18 May 2023
Procedural Posture
Small Claims Court Appeal Under the Residential Tenancies Act / Decision on Appeal
Outcome
Appeal dismissed; Order of the Director of Residential Tenancies dated March 20, 2023 confirmed
Legal Topics
Renoviction, Vacant Possession, Building Permits and Approvals, Statutory Preconditions for Termination, Compensation on Termination
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Renoviction Vacant Possession Building Permits and Approvals Statutory Preconditions for Termination Compensation on Termination

Case Brief

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Parties

4375421 Nova Scotia Ltd.

Appellant/landlord

Gertrude Wilson

Respondent/tenant

Procedural Posture

Small Claims Court Appeal Under the Residential Tenancies Act / Decision on Appeal

Legal Issues

  1. 1 Whether the landlord satisfied s.10AB(3) of the Residential Tenancies Act by having all necessary permits and approvals required by law
  2. 2 Whether the landlord demonstrated good faith and that renovations were so extensive as to require a building permit and vacant possession
  3. 3 Whether the Director's Order should be confirmed or set aside

Ratio Decidendi

The appeal fails because the landlord did not satisfy the mandatory statutory requirement in s.10AB(3) to have all necessary permits and approvals (the electrical permit was not obtained); absence of that required permit fatally undermines the application for vacant possession, so the Director's Order is confirmed.

Court Disposition

Appeal dismissed; Order of the Director of Residential Tenancies dated March 20, 2023 confirmed

Orders

  • The appeal is dismissed.
  • The Order of the Director of Residential Tenancies dated March 20, 2023 is confirmed.