Canarose Company Ltd. v. Lambkin

Canarose Company Ltd. v. Lambkin

The adjudicator held that although long acquiescence may give rise to estoppel, such a right can be reinstated by giving reasonable notice; the landlord had given adequate notice and therefore the tenant remained obligated to obtain and provide proof of tenant insurance within 30 days, failing which the landlord may seek termination and other relief.

Citation
2022 NSSM 44
Parties
Appellant (landlord): Canarose Company Ltd.; Respondent (tenant): Wayne Lambkin
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 June 2022
Procedural Posture
Appeal From Director of Residential Tenancies to Small Claims Court / Decision on Appeal
Outcome
Order of the Director of Residential Tenancies set aside and replaced with order declaring tenant in breach and requiring proof of insurance within 30 days; costs awarded to landlord.
Legal Topics
Tenant Insurance, Waiver, Promissory Estoppel, Termination of Tenancy, Notice
Source Language
English
Residential Tenancies Contract Law Property Law Civil Procedure Tenant Insurance Waiver Promissory Estoppel Termination of Tenancy +1 more

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Parties

Canarose Company Ltd.

Appellant (landlord)

Wayne Lambkin

Respondent (tenant)

Procedural Posture

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

Legal Issues

  1. 1 Whether a landlord may enforce a tenant insurance requirement after long acquiescence
  2. 2 Whether waiver or promissory estoppel prevents reinstatement of a contractual term without notice
  3. 3 What remedy is appropriate for a tenant's failure to provide proof of insurance

Ratio Decidendi

The adjudicator held that although long acquiescence may give rise to estoppel, such a right can be reinstated by giving reasonable notice; the landlord had given adequate notice and therefore the tenant remained obligated to obtain and provide proof of tenant insurance within 30 days, failing which the landlord may seek termination and other relief.

Court Disposition

Order of the Director of Residential Tenancies set aside and replaced with order declaring tenant in breach and requiring proof of insurance within 30 days; costs awarded to landlord.

Orders

  • The court declares that the tenant is in breach of his lease by failing to provide proof of tenant insurance.
  • The tenant is ordered to obtain and provide proof of tenant insurance within 30 days of the date of this order, failing which the landlord may ask the court for an order to terminate the tenancy and for such other relief as may be appropriate.