Armco Capital Inc. v. Saunders

Armco Capital Inc. v. Saunders

Landlord failed to prove damages beyond ordinary wear and tear except for $100 drywall repair and $50 removal; landlord breached s.12 by not returning the $825 deposit within ten days and filing application later does not cure the breach; consequence is return of deposit plus general damages for statutory breach ($250) netted against amounts allowed to landlord, resulting in award of $925 to tenants.

Citation
2021 NSSM 10
Parties
Appellant/landlord: Armco Capital Inc.; Respondent/tenant: Shaun Saunders; Respondent/tenant: Nyoka Williams
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
13 April 2021
Procedural Posture
Small Claims Court Residential Tenancies / Appeal of Director's Order; Decision on Appeal
Outcome
Appeal allowed in part; Director's Order varied and replaced with adjudicator's order in favor of tenants
Legal Topics
Security Deposit, Ordinary Wear and Tear, Statutory Deadlines, Damages, Appeal
Source Language
English
Residential Tenancies Property Civil Procedure Security Deposit Ordinary Wear and Tear Statutory Deadlines Damages Appeal

Case Brief

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Parties

Armco Capital Inc.

Appellant/landlord

Shaun Saunders

Respondent/tenant

Nyoka Williams

Respondent/tenant

Procedural Posture

Small Claims Court Residential Tenancies / Appeal of Director's Order; Decision on Appeal

Legal Issues

  1. 1 Whether the tenants' vacating condition exceeded ordinary wear and tear
  2. 2 Whether the landlord complied with s.12 duties to return security deposit within ten days or timely apply to retain it
  3. 3 Appropriate remedy for breach of s.12 including general damages

Ratio Decidendi

Landlord failed to prove damages beyond ordinary wear and tear except for $100 drywall repair and $50 removal; landlord breached s.12 by not returning the $825 deposit within ten days and filing application later does not cure the breach; consequence is return of deposit plus general damages for statutory breach ($250) netted against amounts allowed to landlord, resulting in award of $925 to tenants.

Court Disposition

Appeal allowed in part; Director's Order varied and replaced with adjudicator's order in favor of tenants

Orders

  • Landlord to pay Tenants the sum of $925.00