Mrishih v. Guest

Mrishih v. Guest

Appellant failed to prove on a balance of probabilities that he received only $1,845; the credible evidence (bank withdrawal, witness testimony and statements) shows it is more likely than not that $6,150 was delivered, therefore the Director's order returning $4,005 (three months advance $3,690 plus $315 balance of damage deposit) is affirmed and the appeal is dismissed.

Citation
2023 NSSM 20
Parties
Appellant: Sakher Mrishih; Respondent: Jonathan David Guest
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
22 May 2023
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Final Decision on Appeal (hearing Held April 11, 2023)
Outcome
Appeal dismissed; Order of the Director dated January 27, 2023 affirmed
Legal Topics
Security Deposit, Advance Rent, Return of Deposit, Burden of Proof, Credibility, Vacant Possession, Property Damages
Source Language
English
Residential Tenancies Landlord and Tenant Small Claims Contract Security Deposit Advance Rent Return of Deposit Burden of Proof +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Sakher Mrishih

Appellant

Jonathan David Guest

Respondent

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court) / Final Decision on Appeal (hearing Held April 11, 2023)

Legal Issues

  1. 1 Whether the cash deposit paid was $6,150 or $1,845
  2. 2 Whether the Appellant met the burden of proof to retain part of the deposit
  3. 3 Whether the Director of Residential Tenancies erred in ordering return of deposit

Ratio Decidendi

Appellant failed to prove on a balance of probabilities that he received only $1,845; the credible evidence (bank withdrawal, witness testimony and statements) shows it is more likely than not that $6,150 was delivered, therefore the Director's order returning $4,005 (three months advance $3,690 plus $315 balance of damage deposit) is affirmed and the appeal is dismissed.

Court Disposition

Appeal dismissed; Order of the Director dated January 27, 2023 affirmed

Orders

  • Appeal dismissed
  • Order of the Director dated January 27, 2023 affirmed