3332394 Nova Scotia Ltd. v. McLean

3332394 Nova Scotia Ltd. v. McLean

The landlord is permitted to require tenant insurance where the lease or a reasonable landlord rule imposes it; any prior non-enforcement by a previous landlord does not permanently preclude enforcement because promissory estoppel can be lifted by reasonable notice (four months was reasonable here); requiring tenant insurance is reasonable and does not constitute a rent increase under the Act; therefore the tenant is in breach and must provide proof of insurance within 30 days or the landlord may seek termination.

Citation
2022 NSSM 43
Parties
Landlord: 3332394 Nova Scotia Ltd.; Tenant: Donald McLean
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
20 June 2022
Procedural Posture
Residential Tenancies Appeal / Decision on Appeal (small Claims Court)
Outcome
Appeal allowed; decision of the Director of Residential Tenancies set aside and replaced with new order.
Legal Topics
Tenant Insurance, Lease Enforcement, Promissory Estoppel, Landlord Rules, Rental Increase
Source Language
English
Residential Tenancies Contract Law Property Law Insurance Law Administrative Law Tenant Insurance Lease Enforcement Promissory Estoppel +2 more

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 5 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

3332394 Nova Scotia Ltd.

Landlord

Donald McLean

Tenant

Procedural Posture

Residential Tenancies Appeal / Decision on Appeal (small Claims Court)

Legal Issues

  1. 1 Whether a landlord can require a tenant to obtain tenant insurance under the lease or landlord rules
  2. 2 Whether the previous landlord's non-enforcement waived the tenant insurance requirement against the new landlord
  3. 3 Whether the landlord's rule requiring tenant insurance is reasonable under the Act

Ratio Decidendi

The landlord is permitted to require tenant insurance where the lease or a reasonable landlord rule imposes it; any prior non-enforcement by a previous landlord does not permanently preclude enforcement because promissory estoppel can be lifted by reasonable notice (four months was reasonable here); requiring tenant insurance is reasonable and does not constitute a rent increase under the Act; therefore the tenant is in breach and must provide proof of insurance within 30 days or the landlord may seek termination.

Court Disposition

Appeal allowed; decision of the Director of Residential Tenancies set aside and replaced with new order.

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; if the tenant fails to provide proof the landlord may ask the court to convene a further hearing to determine termination of the tenancy and other appropriate relief.