Kumar v. Flores

Kumar v. Flores

The statutory ten-day filing requirement in s.12A is mandatory and jurisdictional; failure to file within ten days bars the landlord from retaining the deposit and the Small Claims Court cannot adjudicate a damages claim that was not filed with the Director, therefore the Director's order returning the deposit is confirmed and the appeal is dismissed.

Citation
2025 NSSM 71
Parties
Appellant (landlord): Vijay Anand Raj Kumar; Respondent (tenant): Omar Flores; Respondent (tenant): Lisbeth Escobedo
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
17 November 2025
Procedural Posture
Appeal From Director of Residential Tenancies / Decision on Appeal
Outcome
Appeal dismissed; order of the Director of Residential Tenancies confirmed.
Legal Topics
Security Deposit, Statutory Deadline, Jurisdiction, Appealability, Claims Procedure
Source Language
English
Residential Tenancies Landlord Tenant Law Procedural Law Administrative Law Security Deposit Statutory Deadline Jurisdiction Appealability +1 more

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Parties

Vijay Anand Raj Kumar

Appellant (landlord)

Omar Flores

Respondent (tenant)

Lisbeth Escobedo

Respondent (tenant)

Procedural Posture

Appeal From Director of Residential Tenancies / Decision on Appeal

Legal Issues

  1. 1 Whether a landlord who files a security deposit claim after the ten-day statutory deadline can offset the deposit
  2. 2 Whether the Small Claims Court has jurisdiction to hear a landlord's damages claim that was not filed with the Director within the statutory deadline
  3. 3 Whether the Director's order returning a deposit can be appealed on the ground of an unfiled damages claim

Ratio Decidendi

The statutory ten-day filing requirement in s.12A is mandatory and jurisdictional; failure to file within ten days bars the landlord from retaining the deposit and the Small Claims Court cannot adjudicate a damages claim that was not filed with the Director, therefore the Director's order returning the deposit is confirmed and the appeal is dismissed.

Court Disposition

Appeal dismissed; order of the Director of Residential Tenancies confirmed.

Orders

  • Landlord ordered to return the tenants' security deposit of $1,600.00 forthwith.