Behan v. Strickland

Behan v. Strickland

The landlord's removal of the tenant's longstanding sign and the significant curtailment of parking amounted to a fundamental breach of the commercial lease, entitling the tenant to treat the lease as terminated; tenant owed rent through the agreed vacate date but was entitled to offsets for sign rental and a prior power disconnection, producing a net monetary award to the tenant.

Citation
2006 NSSM 44
Parties
Claimant / Landlord: Trevor Behan; Defendant / Tenant: Gayleen Strickland & Gayleen's Hair Boutique
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
9 November 2006
Procedural Posture
Small Claims Court — Commercial Tenancy Dispute / Decision After Hearing (reserved and Released)
Outcome
Judgment for Defendant (Tenant); net award to tenant
Legal Topics
Sign Removal, Parking Rights, Power Disconnect, Fundamental Breach, Termination of Lease, Damages, Counterclaim
Source Language
English
Landlord and Tenant Contract Law Property Law Commercial Lease Remedies Sign Removal Parking Rights Power Disconnect +4 more

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Parties

Trevor Behan

Claimant / Landlord

Gayleen Strickland & Gayleen's Hair Boutique

Defendant / Tenant

Procedural Posture

Small Claims Court — Commercial Tenancy Dispute / Decision After Hearing (reserved and Released)

Legal Issues

  1. 1 Whether the landlord's removal of the tenant's longstanding sign and the landlord's placement of boulders restricting parking (and earlier power disconnection) constituted a fundamental breach of the commercial lease entitling the tenant to terminate the lease
  2. 2 Whether the tenant owed rent for the period to the claimed termination date and what set‑offs or damages the tenant could recover
  3. 3 Whether costs should be awarded

Ratio Decidendi

The landlord's removal of the tenant's longstanding sign and the significant curtailment of parking amounted to a fundamental breach of the commercial lease, entitling the tenant to treat the lease as terminated; tenant owed rent through the agreed vacate date but was entitled to offsets for sign rental and a prior power disconnection, producing a net monetary award to the tenant.

Court Disposition

Judgment for Defendant (Tenant); net award to tenant

Orders

  • It is hereby ordered that Trevor Behan pay to Gaylene Strickland the sum of $188.50
  • No costs awarded