Janowitz v. Hayman Real Estate

Janowitz v. Hayman Real Estate

s17C(7) permits admission of hearsay in Residential Tenancies appeals and its weight is for the adjudicator; given multiple proven incidents of noise and unauthorized access (March 27, April 1, June 19, July 27) breaching s9(1)(3), termination of the tenancy is justified; Director's termination order is affirmed but the vacant possession date is amended to January 31, 2024.

Citation
2023 NSSM 106
Parties
Tenant/appellant: Diana Janowitz; Landlord/respondent: Hayman Real Estate
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
21 November 2023
Procedural Posture
Residential Tenancy Appeal (small Claims Court) / Decision on Appeal
Outcome
Decision of the Director of Residential Tenancy affirmed in part; termination of tenancy ordered; vacant possession ordered as of January 31, 2024.
Legal Topics
Termination of Tenancy, Good Behaviour Statutory Condition, Admissibility of Hearsay, Noise Complaints, Eviction Orders
Source Language
English
Residential Tenancies Landlord and Tenant Law Evidence Small Claims Court Procedure Termination of Tenancy Good Behaviour Statutory Condition Admissibility of Hearsay Noise Complaints +1 more

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Parties

Diana Janowitz

Tenant/appellant

Hayman Real Estate

Landlord/respondent

Procedural Posture

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

Legal Issues

  1. 1 Admissibility and weight of hearsay evidence under the Residential Tenancies Act s17C(7) on appeal to Small Claims Court
  2. 2 Whether the Tenant breached statutory condition s9(1)(3) (good behaviour) by causing or permitting noise and unauthorized entry
  3. 3 Whether termination of tenancy and an order for vacant possession is the appropriate remedy given multiple warnings and incidents

Ratio Decidendi

s17C(7) permits admission of hearsay in Residential Tenancies appeals and its weight is for the adjudicator; given multiple proven incidents of noise and unauthorized access (March 27, April 1, June 19, July 27) breaching s9(1)(3), termination of the tenancy is justified; Director's termination order is affirmed but the vacant possession date is amended to January 31, 2024.

Court Disposition

Decision of the Director of Residential Tenancy affirmed in part; termination of tenancy ordered; vacant possession ordered as of January 31, 2024.

Orders

  • Decision of the Director of Residential Tenancy dated September 7, 2023 affirmed
  • Vacant possession ordered as at January 31, 2024; Tenant and any occupants of Unit 15, 985 Brussels Street, Halifax must vacate by that date