T.B. v. MS Acadia Ltd.

T.B. v. MS Acadia Ltd.

The appeal was allowed because the DR5 was not a valid mutual agreement under s.10AB(1): the tenant did not voluntarily and knowledgeably consent to termination, no consideration was given, the landlord did not prove repairs required a building permit, and the tenant repudiated the agreement within a reasonable time once she had full knowledge.

Citation
2025 NSSM 60
Parties
Appellant: T.B.; Respondent: MS Acadia Ltd.
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
15 September 2025
Procedural Posture
Appeal of Residential Tenancies Order / Decision on Appeal
Outcome
Appeal allowed; Order set aside.
Legal Topics
Termination of Tenancy, Consent to Agreement, Capacity to Consent, Repudiation, Repairs and Building Permits
Source Language
English
Residential Tenancies Contract Administrative Law Termination of Tenancy Consent to Agreement Capacity to Consent Repudiation Repairs and Building Permits

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 4 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

T.B.

Appellant

MS Acadia Ltd.

Respondent

Procedural Posture

Appeal of Residential Tenancies Order / Decision on Appeal

Legal Issues

  1. 1 Whether the Form DR5 constituted a valid mutual agreement under s.10AB(1) of the Residential Tenancies Act
  2. 2 Whether the tenant had the capacity and voluntarily consented to the agreement given alleged impairment and coercion
  3. 3 Whether the repairs were so extensive as to require a building permit and vacant possession

Ratio Decidendi

The appeal was allowed because the DR5 was not a valid mutual agreement under s.10AB(1): the tenant did not voluntarily and knowledgeably consent to termination, no consideration was given, the landlord did not prove repairs required a building permit, and the tenant repudiated the agreement within a reasonable time once she had full knowledge.

Court Disposition

Appeal allowed; Order set aside.

Orders

  • Appeal allowed and Order of the Director of Residential Tenancies dated May 8, 2025 set aside.