Wynn v. Stanton

Wynn v. Stanton

Adjudicator found credible evidence of mold and unacceptable living conditions but insufficient evidence to assign responsibility; consequently varied the Director's Order by confirming tenant's liability for back rent in the amount of $1242.71 while granting a rent abatement for the period May 9 to May 31, 2015 and ordering vacatur by May 31, 2015.

Citation
2015 NSSM 15
Parties
Appellant (tenant): Charmaine Gray Wynn; Respondent (landlord): Lil Stanton
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 May 2015
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies Order / Trial De Novo; Decision on Appeal
Outcome
Director of Residential Tenancies Order varied.
Legal Topics
Rent Abatement, Habitability and Mold, Vacant Possession, Enforcement of Settlement
Source Language
English
Residential Tenancies Landlord Tenant Law Small Claims Court Rent Abatement Habitability and Mold Vacant Possession Enforcement of Settlement

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Parties

Charmaine Gray Wynn

Appellant (tenant)

Lil Stanton

Respondent (landlord)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies Order / Trial De Novo; Decision on Appeal

Legal Issues

  1. 1 Whether Director of Residential Tenancies order enforcing settlement should be varied
  2. 2 Whether tenant entitled to rent abatement for uninhabitable premises (mold)
  3. 3 Whether tenant remains liable for back rent despite habitability issues

Ratio Decidendi

Adjudicator found credible evidence of mold and unacceptable living conditions but insufficient evidence to assign responsibility; consequently varied the Director's Order by confirming tenant's liability for back rent in the amount of $1242.71 while granting a rent abatement for the period May 9 to May 31, 2015 and ordering vacatur by May 31, 2015.

Court Disposition

Director of Residential Tenancies Order varied.

Orders

  • Appellant to pay respondent $1242.71.
  • No rent charged from May 9, 2015 until May 31, 2015.