4375421 Nova Scotia Ltd. v. Clements

4375421 Nova Scotia Ltd. v. Clements

The Adjudicator concluded the landlord met the statutory requirements of s.10AB(3): it acted in good faith to carry out renovations, the works are so extensive as to require a building permit and vacant possession, and the landlord held the necessary permits at the time of the hearing; consequently the Adjudicator (exercising de novo authority) could order termination and vacant possession and properly set the vacant possession date (the statutory 3–12 month period runs from the Adjudicator's order in the context of an appeal).

Citation
2023 NSSM 38
Parties
Appellant (landlord): 4375421 Nova Scotia Ltd.; Respondent (tenant): David Clements
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
24 July 2023
Procedural Posture
Small Claims Court Appeal From Director of Residential Tenancies / Hearing De Novo on Appeal; Written Decision Issued
Outcome
Appeal allowed; order granting termination of tenancy and vacant possession to landlord; costs awarded to landlord
Legal Topics
Vacant Possession, Renovation and Demolition, Building Permits, Good Faith, Tenant Compensation, Rent Control, Statutory Interpretation, Standard of Review
Source Language
English
Residential Tenancies Law Administrative Law Property Law Vacant Possession Renovation and Demolition Building Permits Good Faith Tenant Compensation +3 more

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Parties

4375421 Nova Scotia Ltd.

Appellant (landlord)

David Clements

Respondent (tenant)

Procedural Posture

Small Claims Court Appeal From Director of Residential Tenancies / Hearing De Novo on Appeal; Written Decision Issued

Legal Issues

  1. 1 Whether landlord satisfied s.10AB(3) to terminate tenancy for renovations
  2. 2 Whether proposed renovations are so extensive as to require a building permit and vacant possession
  3. 3 Whether the landlord had all necessary permits

Ratio Decidendi

The Adjudicator concluded the landlord met the statutory requirements of s.10AB(3): it acted in good faith to carry out renovations, the works are so extensive as to require a building permit and vacant possession, and the landlord held the necessary permits at the time of the hearing; consequently the Adjudicator (exercising de novo authority) could order termination and vacant possession and properly set the vacant possession date (the statutory 3–12 month period runs from the Adjudicator's order in the context of an appeal).

Court Disposition

Appeal allowed; order granting termination of tenancy and vacant possession to landlord; costs awarded to landlord

Orders

  • Tenancy terminated and vacant possession granted to 4375421 Nova Scotia Ltd. effective October 31, 2023
  • Costs awarded to the Appellant payable by the Respondent in the amount of $130.85 (filing fees)