Keddy v. McGill

Keddy v. McGill

Where a power of attorney and an amending agreement require joint signatures, an attorney cannot unilaterally proceed in enforcement of the lease; the matter must be adjourned and the landlord must obtain the co-attorney's consent or evidence that the co-attorney no longer acts (or is unable to act) before proceedings continue; accordingly the prior vacant possession order is suspended pending compliance.

Citation
2014 NSSM 15
Parties
Appellant/tenant: Michael Keddy; Appellant/tenant: Josie Keddy; Respondent/landlord: Carl McGill
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 April 2014
Procedural Posture
Residential Tenancies Appeal (small Claims Court) / Adjourned Pre Hearing With Hearing Scheduled
Outcome
Adjourned; prior order for vacant possession suspended; landlord must obtain co-attorney consent or proof he will not act before matter proceeds.
Legal Topics
Vacant Possession, Power of Attorney Validity, Authority of Multiple Attorneys, Procedural Adjournment, Enforcement of Lease, Fiduciary Duties
Source Language
English
Residential Tenancies Property Law Agency Law Powers of Attorney Vacant Possession Power of Attorney Validity Authority of Multiple Attorneys Procedural Adjournment +2 more

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Parties

Michael Keddy

Appellant/tenant

Josie Keddy

Appellant/tenant

Carl McGill

Respondent/landlord

Procedural Posture

Residential Tenancies Appeal (small Claims Court) / Adjourned Pre Hearing With Hearing Scheduled

Legal Issues

  1. 1 Whether a named attorney may proceed without the consent of a co-attorney where the power of attorney requires joint signatures
  2. 2 Whether the power of attorney authorizes enforcement of the lease and collection of rent
  3. 3 Whether the Tenancies Officer erred in allowing the landlord to proceed without the co-attorney's involvement

Ratio Decidendi

Where a power of attorney and an amending agreement require joint signatures, an attorney cannot unilaterally proceed in enforcement of the lease; the matter must be adjourned and the landlord must obtain the co-attorney's consent or evidence that the co-attorney no longer acts (or is unable to act) before proceedings continue; accordingly the prior vacant possession order is suspended pending compliance.

Court Disposition

Adjourned; prior order for vacant possession suspended; landlord must obtain co-attorney consent or proof he will not act before matter proceeds.

Orders

  • Adjourned hearing to May 5, 2014 at 7:00 pm at the Kentville Justice Centre
  • Suspend order for vacant possession until further order of the Court