Robinson v. Rygiel

Robinson v. Rygiel

The improper electricity charge (approximately $20/month) did not constitute a significant or fundamental breach that justified the tenant's unilateral termination without notice; therefore the tenant remained liable for February 2011 rent and specified costs, while credits previously awarded to the tenant (electricity, inspection, security deposit) are applied to reduce the landlord's recovery, yielding a net order in favour of the landlord for $86.06.

Citation
2011 NSSM 47
Parties
Landlord (appellant): Leanne Robinson; Tenant (respondent): Sarah Rygiel
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
27 June 2011
Procedural Posture
Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal
Outcome
Order of the Director dated May 11, 2011 is varied; tenant ordered to pay landlord net sum of $86.06 after applying credits and debits.
Legal Topics
Termination of Tenancy, Security Deposit, Rent Recovery, Damages and Repairs, Utilities Allocation, Pest Control Costs, Mitigation of Loss, Fundamental Breach
Source Language
English
Residential Tenancies Landlord and Tenant Law Contract Law Property Law Small Claims Court Procedure Termination of Tenancy Security Deposit Rent Recovery +5 more

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Parties

Leanne Robinson

Landlord (appellant)

Sarah Rygiel

Tenant (respondent)

Procedural Posture

Appeal From Director of Residential Tenancies (small Claims Court) / Decision on Appeal

Legal Issues

  1. 1 Whether the tenant validly terminated the tenancy without notice
  2. 2 Whether the improper electricity charge constituted a fundamental breach
  3. 3 Whether landlord proved damages to flooring

Ratio Decidendi

The improper electricity charge (approximately $20/month) did not constitute a significant or fundamental breach that justified the tenant's unilateral termination without notice; therefore the tenant remained liable for February 2011 rent and specified costs, while credits previously awarded to the tenant (electricity, inspection, security deposit) are applied to reduce the landlord's recovery, yielding a net order in favour of the landlord for $86.06.

Court Disposition

Order of the Director dated May 11, 2011 is varied; tenant ordered to pay landlord net sum of $86.06 after applying credits and debits.

Orders

  • Order of the Director dated May 11, 2011 varied
  • Tenant to pay Landlord $86.06 (net)