3328968 Nova Scotia Limited v. Dean

3328968 Nova Scotia Limited v. Dean

The Director’s order awarding $50.00 per week abatement was upheld because the landlord failed to provide proper air circulation throughout the tenancy, producing damp and mould that justified a rebate; the landlord’s remedial attempts and intent did not negate entitlement to an abatement, and the quantum of...

Source-derived case information.

Citation
2024 NSSM 58
Parties
Landlord: 3328968 Nova Scotia Limited; Tenant: Cory Dean
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 May 2024
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal
Outcome
Order of the Director of Residential Tenancies dated February 16, 2024 confirmed; appeal dismissed.
Legal Topics
Rental Rebate, Abatement, Ventilation, Mould, Repair Obligations, Habitability
Source Language
english
Residential Tenancies Landlord and Tenant Law Housing Contract Law Health and Safety Rental Rebate Abatement Ventilation +3 more

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Parties

3328968 Nova Scotia Limited

Landlord

Cory Dean

Tenant

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal

Legal Issues

  1. 1 Whether the landlord failed to provide a functioning air exchange/ventilation system
  2. 2 Whether the failure justified a rental rebate/abatement and its quantum
  3. 3 Whether landlord’s remedial attempts or intent affect entitlement to rebate

Ratio Decidendi

The Director’s order awarding $50.00 per week abatement was upheld because the landlord failed to provide proper air circulation throughout the tenancy, producing damp and mould that justified a rebate; the landlord’s remedial attempts and intent did not negate entitlement to an abatement, and the quantum of $50/week (under 10% of monthly rent) was reasonable.

Court Disposition

Order of the Director of Residential Tenancies dated February 16, 2024 confirmed; appeal dismissed.

Orders

  • Appeal dismissed and Director’s Order of February 16, 2024 confirmed.
  • Landlord ordered to pay tenant $1,521.43 for rental rebate plus $31.15 filing fee, total $1,552.58.