Alfandi v. Capreit Ltd.

Alfandi v. Capreit Ltd.

The Director's termination order was rescinded because the landlord's evidence of arrears was unreliable and the only proven arrear related to a 2% rent increase that was invalidly served (electronic notice sent before tenant consented), there was insufficient evidence of smoking to justify eviction, and therefore termination and vacant possession could not be sustained; costs of the appeal were awarded to the tenant.

Citation
2024 NSSM 7
Parties
Tenant/appellant: Aideh Alfandi; Landlord/respondent: Capreit Ltd. Partnership
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
5 March 2024
Procedural Posture
Small Claims Court Appeal of Residential Tenancies Decision / Appeal Decision (hearing)
Outcome
Director's Order for termination of the lease and vacant possession rescinded; tenant awarded filing costs.
Legal Topics
Rent Arrears, Service of Documents, Rental Increase Notice, Non Smoking Policy, Retaliation, Evidence Reliability
Source Language
English
Residential Tenancies Landlord and Tenant Law Administrative Law Eviction Proceedings Rent Arrears Service of Documents Rental Increase Notice Non Smoking Policy +2 more

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Parties

Aideh Alfandi

Tenant/appellant

Capreit Ltd. Partnership

Landlord/respondent

Procedural Posture

Small Claims Court Appeal of Residential Tenancies Decision / Appeal Decision (hearing)

Legal Issues

  1. 1 Whether the tenant was in rent arrears at the time of the Director's hearing
  2. 2 Whether the 2% rent increase notice was validly served under the Residential Tenancies Act
  3. 3 Whether alleged smoking breached the lease sufficient to ground eviction

Ratio Decidendi

The Director's termination order was rescinded because the landlord's evidence of arrears was unreliable and the only proven arrear related to a 2% rent increase that was invalidly served (electronic notice sent before tenant consented), there was insufficient evidence of smoking to justify eviction, and therefore termination and vacant possession could not be sustained; costs of the appeal were awarded to the tenant.

Court Disposition

Director's Order for termination of the lease and vacant possession rescinded; tenant awarded filing costs.

Orders

  • Rescind the Director's Order for termination of the lease and vacant possession dated December 14, 2023.
  • Disallow the landlord's claimed 2% rent increase for the term July 1, 2023 to July 1, 2024 due to invalid service of notice.