Finlay v. Gaston Chagnon Property Ltd.

Finlay v. Gaston Chagnon Property Ltd.

No valid notice to quit was served as required by s.10(4), so s.10A(3) did not apply and the tenancy remained year-to-year; the documented defects were cosmetic and did not justify a rent abatement; the landlord adequately mitigated losses; therefore tenant liable for rent arrears from June 20, 2014 to September 30, 2014 and judgment entered for $2207.31.

Citation
2015 NSSM 43
Parties
Appellant/tenant: Karen Finley; Respondent/landlord: Gaston Chagnon Property Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 September 2015
Procedural Posture
Small Claims Court Appeal From Residential Tenancies Officer / De Novo Hearing on Appeal
Outcome
Appeal dismissed; judgment for landlord
Legal Topics
Rental Arrears, Lease Renewal and Term Conversion, Notice to Quit, Rent Abatement, Mitigation of Damages, Statutory Conditions
Source Language
English
Residential Tenancies Landlord and Tenant Law Civil Procedure Contract Law Rental Arrears Lease Renewal and Term Conversion Notice to Quit Rent Abatement +2 more

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Parties

Karen Finley

Appellant/tenant

Gaston Chagnon Property Limited

Respondent/landlord

Procedural Posture

Small Claims Court Appeal From Residential Tenancies Officer / De Novo Hearing on Appeal

Legal Issues

  1. 1 Whether the tenant validly converted a year-to-year lease to month-to-month under s.10A(3)
  2. 2 Whether defects in the premises justified a rent abatement
  3. 3 Extent of rental arrears owing and applicable calculation period

Ratio Decidendi

No valid notice to quit was served as required by s.10(4), so s.10A(3) did not apply and the tenancy remained year-to-year; the documented defects were cosmetic and did not justify a rent abatement; the landlord adequately mitigated losses; therefore tenant liable for rent arrears from June 20, 2014 to September 30, 2014 and judgment entered for $2207.31.

Court Disposition

Appeal dismissed; judgment for landlord

Orders

  • Appeal dismissed.
  • Judgment for Gaston Chagnon Property Limited against Karen Finley in the amount of $2207.31 inclusive of the application fee.