Tynes v. Omers Realty

Tynes v. Omers Realty

Adjudicator found the landlord knew of a building wiring problem and failed to timely repair it, denying the tenant an essential service; the tenant acted reasonably in renting external workspace and mitigated loss; a partial rebate proportional to the unit's value was appropriate—one-half of the $90/week expense for 13 weeks ($585)—and the Director's order was varied accordingly.

Citation
2011 NSSM 52
Parties
Landlord (appellant): CLARENCE TYNES; Tenant (respondent): OMERS REALTY
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
29 August 2011
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal After Hearing
Outcome
Appeal allowed in part; Director's order varied
Legal Topics
Rent Rebate, Repair and Maintenance, Essential Services, Mitigation of Loss
Source Language
English
Residential Tenancies Landlord and Tenant Contract Law Rent Rebate Repair and Maintenance Essential Services Mitigation of Loss

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Parties

CLARENCE TYNES

Landlord (appellant)

OMERS REALTY

Tenant (respondent)

Procedural Posture

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

Legal Issues

  1. 1 Whether landlord breached obligation to provide functioning internet service to the unit
  2. 2 Whether tenant is entitled to a rent rebate/abatement for loss of internet service
  3. 3 Quantification of appropriate rebate

Ratio Decidendi

Adjudicator found the landlord knew of a building wiring problem and failed to timely repair it, denying the tenant an essential service; the tenant acted reasonably in renting external workspace and mitigated loss; a partial rebate proportional to the unit's value was appropriate—one-half of the $90/week expense for 13 weeks ($585)—and the Director's order was varied accordingly.

Court Disposition

Appeal allowed in part; Director's order varied

Orders

  • Landlord to pay one-half of tenant's additional external workspace expense: $45.00 per week for 13 weeks, totaling $585.00
  • Director's order varied: Tenant to pay Landlord $2,069.00 minus $585.00 = $1,484.00