M. v. Oxford Properties

M. v. Oxford Properties

Tenant proved entitlement to a partial rent rebate for the period she could not occupy the unit and proved discriminatory withholding of consent to use a personal washing machine; other asserted losses were either unproven, too remote or trivial and therefore disallowed; Landlord must also inspect/repair identified dangerous electrical outlets; interest at statutory rate and modest costs awarded.

Citation
2011 NSSM 26
Parties
Tenant (appellant): M.; Landlord (respondent): Oxford Properties/OMERS Realty
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 April 2011
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Decision After Hearing De Novo
Outcome
Appeal allowed in part and dismissed in part; Tenant awarded monetary relief and specific non‑monetary relief as set out in orders.
Legal Topics
Rent Abatement, Habitability/off‑gassing, Reasonable Accommodation, Discriminatory Exercise of Landlord Consent, Remoteness of Damages, Interest and Costs
Source Language
English
Residential Tenancies Landlord and Tenant Law Human Rights / Disability Accommodation Contract Law Small Claims Procedure Rent Abatement Habitability/off‑gassing Reasonable Accommodation +3 more

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Parties

M.

Tenant (appellant)

Oxford Properties/OMERS Realty

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Decision After Hearing De Novo

Legal Issues

  1. 1 Whether Tenant is entitled to rent rebate for period of non‑occupation
  2. 2 Whether the unit was uninhabitable due to off‑gassing and whether Landlord is liable for related costs
  3. 3 Whether Landlord improperly refused permission for Tenant to use a personal washing machine in a discriminatory manner

Ratio Decidendi

Tenant proved entitlement to a partial rent rebate for the period she could not occupy the unit and proved discriminatory withholding of consent to use a personal washing machine; other asserted losses were either unproven, too remote or trivial and therefore disallowed; Landlord must also inspect/repair identified dangerous electrical outlets; interest at statutory rate and modest costs awarded.

Court Disposition

Appeal allowed in part and dismissed in part; Tenant awarded monetary relief and specific non‑monetary relief as set out in orders.

Orders

  • Landlord to pay Tenant a rent rebate of $2,140.00
  • Landlord to pay Tenant $96.00 for transportation expenses