Kee Management Solutions Inc. v. White Star Ici Polymer Management

Kee Management Solutions Inc. v. White Star Ici Polymer Management

The landlord's rent records, although imperfect, were the only coherent account and established arrears on a balance of probabilities; the landlord acted prematurely in changing locks and must forfeit five days' rent and pay a modest credit for inconvenience, but the tenant failed to prove the premises were uninhabitable or that the landlord breached statutory conditions warranting compensation, so the director's order is confirmed with a reduction of arrears to $2,250.00.

Citation
2008 NSSM 76
Parties
Tenant: Pauline Byard; Landlord: Mark Lummis
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 September 2008
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Appeal Heard De Novo From Director of Residential Tenancies
Outcome
Appeal dismissed in part; Director's order confirmed and varied
Legal Topics
Rent Arrears, Termination of Tenancy, Lockout/possession, Repairs and Maintenance, Rent Abatement, Energy Efficiency Audit, Harassment/quiet Enjoyment
Source Language
English
Residential Tenancies Landlord and Tenant Law Small Claims Rent Arrears Termination of Tenancy Lockout/possession Repairs and Maintenance Rent Abatement +2 more

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Parties

Pauline Byard

Tenant

Mark Lummis

Landlord

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Appeal Heard De Novo From Director of Residential Tenancies

Legal Issues

  1. 1 Are the claimed rent arrears of $2,500 proven?
  2. 2 Was the termination / vacant possession valid and is the tenant liable for full October rent?
  3. 3 Did the tenant prove entitlement to compensation for lack of repairs or excess energy costs?

Ratio Decidendi

The landlord's rent records, although imperfect, were the only coherent account and established arrears on a balance of probabilities; the landlord acted prematurely in changing locks and must forfeit five days' rent and pay a modest credit for inconvenience, but the tenant failed to prove the premises were uninhabitable or that the landlord breached statutory conditions warranting compensation, so the director's order is confirmed with a reduction of arrears to $2,250.00.

Court Disposition

Appeal dismissed in part; Director's order confirmed and varied

Orders

  • Director's order confirmed except as varied
  • Landlord awarded rent arrears in the sum of CAD 2,250.00