Walsh v. Bazoun Developments Ltd.

Walsh v. Bazoun Developments Ltd.

The appeal is dismissed because the issue whether water problems justified termination was conclusively decided in the unappealed December 21, 2016 Residential Tenancies order (res judicata), and on the evidence the landlord proved vacancy, mitigation efforts and the amount of lost rent and fees owed ($4,756.15).

Citation
2017 NSSM 55
Parties
Tenant (appellant): Taralee Walsh; Tenant (appellant): Chris Hillman; Landlord (respondent): Bazoun Developments Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
1 September 2017
Procedural Posture
Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal
Outcome
Appeal dismissed; Residential Tenancies order of July 31, 2017 confirmed.
Legal Topics
Res Judicata, Termination of Tenancy, Service of Process, Mitigation of Damages, Rent Arrears
Source Language
English
Landlord and Tenant Residential Tenancies Civil Procedure Res Judicata Termination of Tenancy Service of Process Mitigation of Damages Rent Arrears

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Parties

Taralee Walsh

Tenant (appellant)

Chris Hillman

Tenant (appellant)

Bazoun Developments Limited

Landlord (respondent)

Procedural Posture

Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal

Legal Issues

  1. 1 Whether the tenants validly terminated the tenancy due to water quality issues
  2. 2 Whether the December 21, 2016 Residential Tenancies decision precludes relitigation (res judicata)
  3. 3 Whether the landlord proved lost rent and mitigation efforts

Ratio Decidendi

The appeal is dismissed because the issue whether water problems justified termination was conclusively decided in the unappealed December 21, 2016 Residential Tenancies order (res judicata), and on the evidence the landlord proved vacancy, mitigation efforts and the amount of lost rent and fees owed ($4,756.15).

Court Disposition

Appeal dismissed; Residential Tenancies order of July 31, 2017 confirmed.

Orders

  • Residential Tenancies order dated July 31, 2017 is confirmed.
  • Tenants ordered to pay the Landlord $4,756.15 (4.5 months' rent at $1,050.00 plus $31.15 application fee).