Pierce v. Westphal Court Limited

Pierce v. Westphal Court Limited

On the facts William Pierce met the statutory definitions of tenant under s.2(j) and s.3(2) of the Residential Tenancies Act by occupying the premises and paying or agreeing to pay rent; the documents relied on by the Landlord did not displace the oral month-to-month tenancy, so the Director's finding that he was only an occupant was incorrect and is vacated.

Citation
2020 NSSM 13
Parties
Appellant (tenant): William Pierce; Respondent (landlord): Westphal Court Limited (a.k.a. Woodbine Park)
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
10 January 2020
Procedural Posture
Residential Tenancies Appeal / Small Claims Court Appeal From Director of Residential Tenancies
Outcome
Appeal allowed; order of the Director of Residential Tenancies vacated; William Pierce declared a tenant
Legal Topics
Tenant Status, Occupant Distinction, Assignment and Succession, Interpretation of Residential Tenancies Act, Deemed Tenancy
Source Language
English
Residential Tenancies Landlord and Tenant Property Estates and Succession Tenant Status Occupant Distinction Assignment and Succession Interpretation of Residential Tenancies Act +1 more

Case Brief

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Parties

William Pierce

Appellant (tenant)

Westphal Court Limited (a.k.a. Woodbine Park)

Respondent (landlord)

Procedural Posture

Residential Tenancies Appeal / Small Claims Court Appeal From Director of Residential Tenancies

Legal Issues

  1. 1 Whether William Pierce is a tenant or merely an occupant
  2. 2 Whether tenancy rights survived or vested following death of the named tenant
  3. 3 Whether documents relied on by landlord establish a written lease or displace an oral month-to-month tenancy

Ratio Decidendi

On the facts William Pierce met the statutory definitions of tenant under s.2(j) and s.3(2) of the Residential Tenancies Act by occupying the premises and paying or agreeing to pay rent; the documents relied on by the Landlord did not displace the oral month-to-month tenancy, so the Director's finding that he was only an occupant was incorrect and is vacated.

Court Disposition

Appeal allowed; order of the Director of Residential Tenancies vacated; William Pierce declared a tenant

Orders

  • Appeal allowed and the Director of Residential Tenancies' November 21, 2019 order vacated
  • Declare William Pierce a tenant of Westphal Court Limited, deemed a co-tenant before the death of his mother and sole tenant since her death