Parsons v. 500 Ventures Ltd.

Parsons v. 500 Ventures Ltd.

The adjudicator found the timing and lack of legitimate non-retaliatory reasons showed the notice was issued in retaliation for the tenant asserting statutory rights, and therefore set aside the notice under s.20 of the Residential Tenancies Act.

Citation
2004 NSSM 45
Parties
Appellant (tenant): Portia A. Parsons; Respondent (landlord): 500 Ventures Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
2 June 2004
Procedural Posture
Small Claims Court Residential Tenancies Appeal / Hearing on Appeal From Director of Residential Tenancies; Decision and Order
Outcome
Notice to quit dated February 26, 2004 set aside.
Legal Topics
Retaliatory Eviction, Notice to Quit, Repair and Maintenance, Statutory Conditions, Enforcement of Tenant Rights
Source Language
English
Residential Tenancies Housing Law Landlord Tenant Law Retaliatory Eviction Notice to Quit Repair and Maintenance Statutory Conditions Enforcement of Tenant Rights

Case Brief

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Parties

Portia A. Parsons

Appellant (tenant)

500 Ventures Ltd.

Respondent (landlord)

Procedural Posture

Small Claims Court Residential Tenancies Appeal / Hearing on Appeal From Director of Residential Tenancies; Decision and Order

Legal Issues

  1. 1 Whether the notice to quit was issued in retaliation for the tenant asserting rights under the Residential Tenancies Act
  2. 2 Whether the tenant's complaints were made in good faith
  3. 3 Whether the Director or Small Claims Court may set aside a notice to quit under s.20 of the Residential Tenancies Act

Ratio Decidendi

The adjudicator found the timing and lack of legitimate non-retaliatory reasons showed the notice was issued in retaliation for the tenant asserting statutory rights, and therefore set aside the notice under s.20 of the Residential Tenancies Act.

Court Disposition

Notice to quit dated February 26, 2004 set aside.

Orders

  • Set aside the notice to quit given to Portia-Ann Parsons dated February 26, 2004 for vacant possession on May 31, 2004.