MacCulloch v. Wells

MacCulloch v. Wells

Although some retaliatory motive was present, it was not the predominant motive; the adjudicator concluded the landlord had sufficient independent reasons to serve the Notice to Quit and, exercising the discretion under s.20, overturned the Director's order, validating the Notice but suspending its effect for two months to protect the tenant's opportunity to seek adjudication and fairness.

Citation
2011 NSSM 59
Parties
Landlord (appellant): Ernest H. MacCulloch; Tenant (respondent): Dorothy Wells
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
16 November 2011
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing
Outcome
Order of the Director dated October 19, 2011 is set aside; the Notice to Quit dated August 29, 2011 is deemed valid but its effect is suspended until January 31, 2012.
Legal Topics
Retaliatory Eviction, Notice to Quit, Tenant Protections, Discretion to Set Aside Notice, Municipal by Law Enforcement
Source Language
English
Residential Tenancies Landlord and Tenant Administrative Law Housing Enforcement Retaliatory Eviction Notice to Quit Tenant Protections Discretion to Set Aside Notice +1 more

Case Brief

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Parties

Ernest H. MacCulloch

Landlord (appellant)

Dorothy Wells

Tenant (respondent)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Appeal Hearing

Legal Issues

  1. 1 Was the landlord's Notice to Quit retaliatory for the tenant's enforcement activities?
  2. 2 Whether the Director's order setting aside the Notice to Quit should be overturned on appeal
  3. 3 How to exercise the discretion under s.20 of the Residential Tenancies Act in light of competing policy considerations

Ratio Decidendi

Although some retaliatory motive was present, it was not the predominant motive; the adjudicator concluded the landlord had sufficient independent reasons to serve the Notice to Quit and, exercising the discretion under s.20, overturned the Director's order, validating the Notice but suspending its effect for two months to protect the tenant's opportunity to seek adjudication and fairness.

Court Disposition

Order of the Director dated October 19, 2011 is set aside; the Notice to Quit dated August 29, 2011 is deemed valid but its effect is suspended until January 31, 2012.

Orders

  • Set aside the Director's October 19, 2011 order
  • Declare the Notice to Quit dated August 29, 2011 valid