Killam Properties Inc. v. Baillie

Killam Properties Inc. v. Baillie

The appeal succeeded because the Landlord did not breach the lease or statutory obligations: the boil water advisory resulted from regulatory intervention, the Landlord did not withdraw service, acted reasonably and expeditiously to replace the system, and therefore there was no legal basis for a rent abatement; even if a breach were found, the three-month abatement was disproportionate.

Citation
2013 NSSM 15
Parties
Landlord (appellant): KILLAM PROPERTIES INC.; Tenant (respondent): BRUCE A. BAILLIE
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 March 2013
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing and Decision Rendered March 25, 2013
Outcome
Appeal allowed; Residential Tenancy Officer's order awarding rent abatement set aside; Tenant's application for abatement dismissed
Legal Topics
Rent Abatement, Water Supply, Boil Water Order, Breach of Statutory Condition, Implied Terms, Services Obligation
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Statutory Interpretation Contract Law Rent Abatement Water Supply Boil Water Order +3 more

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Parties

KILLAM PROPERTIES INC.

Landlord (appellant)

BRUCE A. BAILLIE

Tenant (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing and Decision Rendered March 25, 2013

Legal Issues

  1. 1 Whether the term "water" in the lease includes potable (drinkable) water
  2. 2 Whether the Landlord breached Residential Tenancies Act s.9(1)(1) (fit for habitation)
  3. 3 Whether the Landlord breached Residential Tenancies Act s.9(1)(2) (withdrawal of service)

Ratio Decidendi

The appeal succeeded because the Landlord did not breach the lease or statutory obligations: the boil water advisory resulted from regulatory intervention, the Landlord did not withdraw service, acted reasonably and expeditiously to replace the system, and therefore there was no legal basis for a rent abatement; even if a breach were found, the three-month abatement was disproportionate.

Court Disposition

Appeal allowed; Residential Tenancy Officer's order awarding rent abatement set aside; Tenant's application for abatement dismissed

Orders

  • Appeal allowed
  • Order of the Director dated November 2, 2012 awarding $660.81 rent abatement set aside