Wilson v. Stewart et al

Wilson v. Stewart et al

Adjudicator found tenants liable for specified cleaning and repair costs after applying betterment and wear-and-tear discounts, disallowed full window replacements and most window labour, allowed partial siding award (10% of estimate), offset security deposit, and entered judgment for landlord in the net amount of $5,932.27; no costs awarded.

Citation
2023 NSSM 35
Parties
Appellant/landlord: Emily Wilson; Nick Wilson, dba Wilson Rentals; Respondent/tenant: Will Stewart; Respondent/tenant: Sheldon Holmes; Respondent/tenant: Max Thompson; Respondent/tenant: Devon Laporte; Respondent/tenant: Zach Rowlings; Respondent/tenant: Liam MacDonnell; Respondent/tenant: Carter Mutch; Respondent/tenant: Carter LeBlanc
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
4 August 2023
Procedural Posture
Residential Tenancies Small Claims Court / Hearing De Novo (decision)
Outcome
Judgment for landlord; tenants jointly and severally liable for net amount after deposit offset.
Legal Topics
Security Deposit, Damages, Wear and Tear, Betterment, Cleaning Costs, Siding Damage, Sump Pump Failure, Joint and Several Liability, Costs
Source Language
English
Residential Tenancies Landlord and Tenant Property Damage Contract Law Small Claims Procedure Security Deposit Damages Wear and Tear +6 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 5 Authorities cited 1 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Emily Wilson; Nick Wilson, dba Wilson Rentals

Appellant/landlord

Will Stewart

Respondent/tenant

Sheldon Holmes

Respondent/tenant

Max Thompson

Respondent/tenant

Devon Laporte

Respondent/tenant

Zach Rowlings

Respondent/tenant

Liam MacDonnell

Respondent/tenant

Carter Mutch

Respondent/tenant

Carter LeBlanc

Respondent/tenant

Procedural Posture

Residential Tenancies Small Claims Court / Hearing De Novo (decision)

Legal Issues

  1. 1 Whether tenants are liable for damage and cleaning beyond ordinary wear and tear
  2. 2 Appropriate betterment discount to apply to replacement/repair costs
  3. 3 Whether security deposit offsets landlord's claim

Ratio Decidendi

Adjudicator found tenants liable for specified cleaning and repair costs after applying betterment and wear-and-tear discounts, disallowed full window replacements and most window labour, allowed partial siding award (10% of estimate), offset security deposit, and entered judgment for landlord in the net amount of $5,932.27; no costs awarded.

Court Disposition

Judgment for landlord; tenants jointly and severally liable for net amount after deposit offset.

Orders

  • Award to landlord in the gross amounts allowed: Warner account $1,264.50; Cleaning $2,199.50; Plumbing $734.55; Garbage removal $301.30; French doors $126.50; Paint $905.92; Materials $500.00; Siding $2,000.00.
  • Security deposit of $2,100.00 applied against award.