Forgeron v. Nettleton

Forgeron v. Nettleton

The Court confirmed the Director's July 7, 2021 Order because the tenant failed to overturn prior determinations barred by res judicata, the evidence established the tenant unlawfully obstructed landlord entry and breached statutory good‑behaviour obligations (including defamatory public postings), the landlord provided required notice for inspections, outstanding monetary claims remained unpaid, and therefore termination and vacant possession were justified.

Citation
2021 NSSM 50
Parties
Appellant/tenant: Dana Forgeron; Respondent/landlord: Marian Nettleton
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
6 October 2021
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Appeal Hearing
Outcome
Appeal dismissed; Director's Order dated July 7, 2021 confirmed
Legal Topics
Termination of Tenancy, Res Judicata, Entry of Premises, Habitability, Privacy, Rent Arrears, Tenant Obligations, Good Behaviour
Source Language
English
Residential Tenancies Landlord Tenant Law Eviction Property Termination of Tenancy Res Judicata Entry of Premises Habitability +4 more

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Parties

Dana Forgeron

Appellant/tenant

Marian Nettleton

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Appeal Hearing

Legal Issues

  1. 1 Whether Director's July 7, 2021 Order terminating tenancy should be set aside
  2. 2 Whether issues previously determined are barred by res judicata
  3. 3 Whether tenant breached statutory duties by denying entry and by social media conduct

Ratio Decidendi

The Court confirmed the Director's July 7, 2021 Order because the tenant failed to overturn prior determinations barred by res judicata, the evidence established the tenant unlawfully obstructed landlord entry and breached statutory good‑behaviour obligations (including defamatory public postings), the landlord provided required notice for inspections, outstanding monetary claims remained unpaid, and therefore termination and vacant possession were justified.

Court Disposition

Appeal dismissed; Director's Order dated July 7, 2021 confirmed

Orders

  • Director's July 7, 2021 Order terminating the tenancy is confirmed
  • Appellant shall provide vacant possession of the premises to the Landlord on or before Sunday, October 24, 2021 at 5:00 pm