Bonhomme v. Can-Euro Investments Ltd.

Bonhomme v. Can-Euro Investments Ltd.

The landlord terminated the appellant's tenancy outside statutory rights by imposing a 48-hour vacate and changing locks without serving the s.10(7A) notice or obtaining a Tenancies Board order; therefore the appellant's obligation to pay rent ended on June 9, 2010, she is not liable for cleanup or subsequent months' rent, but is liable for nine days' rent plus a $25 NSF charge, totaling $337.00; the Director's order is rescinded as against the appellant only.

Citation
2010 NSSM 57
Parties
Tenant (appellant): Vanessa Bonhomme; Landlord (respondent): Can-Euro Investments Limited
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
14 October 2010
Procedural Posture
Small Claims Court Appeal From Residential Tenancies Order / Hearing on Appeal; Decision Rendered
Outcome
Appeal allowed in part; Director's order rescinded as against Vanessa Bonhomme; appellant ordered to pay $337.00 to landlord.
Legal Topics
Termination of Tenancy, Lockout, Notice to Quit, Security Deposit, Rent Recovery, Joint and Several Liability, NSF Charges, Mitigation of Damages
Source Language
English
Residential Tenancies Landlord and Tenant Law Contract Law Criminal Law (incidental) Termination of Tenancy Lockout Notice to Quit Security Deposit +4 more

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Parties

Vanessa Bonhomme

Tenant (appellant)

Can-Euro Investments Limited

Landlord (respondent)

Procedural Posture

Small Claims Court Appeal From Residential Tenancies Order / Hearing on Appeal; Decision Rendered

Legal Issues

  1. 1 Whether the landlord lawfully terminated the appellant's tenancy by giving 48 hours and changing locks without a Director order
  2. 2 Whether the appellant is liable for rent for June, July and August and for cleanup costs following the lockout
  3. 3 Whether s.10(7A) of the Residential Tenancies Act procedure was required for summary termination where a tenant poses a risk

Ratio Decidendi

The landlord terminated the appellant's tenancy outside statutory rights by imposing a 48-hour vacate and changing locks without serving the s.10(7A) notice or obtaining a Tenancies Board order; therefore the appellant's obligation to pay rent ended on June 9, 2010, she is not liable for cleanup or subsequent months' rent, but is liable for nine days' rent plus a $25 NSF charge, totaling $337.00; the Director's order is rescinded as against the appellant only.

Court Disposition

Appeal allowed in part; Director's order rescinded as against Vanessa Bonhomme; appellant ordered to pay $337.00 to landlord.

Orders

  • Rescind the Director's order as against Vanessa Bonhomme only.
  • Order Vanessa Bonhomme to pay Can-Euro Investments Limited $337.00 (nine days rent $312.00 plus $25.00 NSF).