Stevens v. Strategic Atlantic Ltd.

Stevens v. Strategic Atlantic Ltd.

The adjudicator found the tenant's testimony fundamentally unreliable in light of documentary evidence (money orders and receipts) and the landlord's ledger and testimony; therefore the Residential Tenancy Officer's finding of arrears was upheld, March rent was added, and eviction and payment orders were justified and issued.

Citation
2015 NSSM 26
Parties
Tenant (appellant): Judith Cary Stevens; Landlord (respondent): Strategic Atlantic Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 March 2015
Procedural Posture
Small Claims Appeal From Director of Residential Tenancies / Appeal Decision
Outcome
Appeal dismissed; Residential Tenancies eviction order and arrears calculation upheld.
Legal Topics
Rent Arrears, Eviction Order, Security Deposit, Receipts and Payment Evidence, Credibility Findings
Source Language
English
Residential Tenancies Landlord and Tenant Law Eviction Small Claims Court Rent Arrears Eviction Order Security Deposit Receipts and Payment Evidence +1 more

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Parties

Judith Cary Stevens

Tenant (appellant)

Strategic Atlantic Limited

Landlord (respondent)

Procedural Posture

Small Claims Appeal From Director of Residential Tenancies / Appeal Decision

Legal Issues

  1. 1 Whether the tenant was in arrears when the landlord filed the Residential Tenancies application
  2. 2 Whether the Residential Tenancy Officer correctly calculated arrears and related amounts
  3. 3 Whether the tenant's testimony and claims about cash payments and authorization to deduct rent were credible

Ratio Decidendi

The adjudicator found the tenant's testimony fundamentally unreliable in light of documentary evidence (money orders and receipts) and the landlord's ledger and testimony; therefore the Residential Tenancy Officer's finding of arrears was upheld, March rent was added, and eviction and payment orders were justified and issued.

Court Disposition

Appeal dismissed; Residential Tenancies eviction order and arrears calculation upheld.

Orders

  • Tenant and other occupants must give vacant possession of 15 Kennedy Drive, Apt. 202, Dartmouth, Nova Scotia by no later than 11:59 p.m. on March 31, 2015.
  • Tenant shall pay the Landlord the sum of 1796.75 CAD.