Winn v. CAPREIT Limited Partnership

Winn v. CAPREIT Limited Partnership

Claimant failed to prove misrepresentation or that the landlord breached the RTA; the lease permitted restricted smoking and landlord followed the statutory process and acted reasonably in addressing complaints; evidence did not establish ongoing substantial and unreasonable nuisance or causation for claimed damages, therefore appeal is dismissed and the Director's decision is affirmed.

Citation
2026 NSSM 3
Parties
Claimant: Andrea Winn; Respondent/landlord: CAPREIT Limited Partnership
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
12 February 2026
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Final Decision on Appeal
Outcome
Appeal dismissed and decision of the Director of Residential Tenancies affirmed
Legal Topics
Smoking Policy, Quiet Enjoyment, Misrepresentation, Rent Abatement, Damages, Enforcement of Lease Rules, Repair Vs Behaviour Complaints
Source Language
English
Residential Tenancies Private Nuisance Landlord and Tenant Law Tort Law Statutory Interpretation Smoking Policy Quiet Enjoyment Misrepresentation +4 more

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Parties

Andrea Winn

Claimant

CAPREIT Limited Partnership

Respondent/landlord

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Final Decision on Appeal

Legal Issues

  1. 1 Whether the landlord misrepresented the building as smoke-free
  2. 2 Whether neighbour smoking constituted a private nuisance (substantial and unreasonable interference)
  3. 3 Whether the landlord breached statutory conditions under the RTA (section 9) or rules change provisions (section 9A)

Ratio Decidendi

Claimant failed to prove misrepresentation or that the landlord breached the RTA; the lease permitted restricted smoking and landlord followed the statutory process and acted reasonably in addressing complaints; evidence did not establish ongoing substantial and unreasonable nuisance or causation for claimed damages, therefore appeal is dismissed and the Director's decision is affirmed.

Court Disposition

Appeal dismissed and decision of the Director of Residential Tenancies affirmed

Orders

  • Appeal dismissed and decision of the Director of Residential Tenancies affirmed.
  • No damages awarded to the claimant.