Ramsey v. Reit

Ramsey v. Reit

The mediated settlement was in default and the tenant was more than 30 days in arrears, entitling the landlord to termination under s.10(6) of the Residential Tenancies Act; there is no statutory or common law basis to grant forbearance or delay in payment due to the tenant's medical or financial circumstances, therefore the Residential Tenancy Officer's order is confirmed (with a minor extension of the vacate date).

Citation
2005 NSSM 5
Parties
Appellant: Wayne E. Ramsay; Respondent: CAP REIT
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
25 November 2005
Procedural Posture
Residential Tenancies Appeal / Hearing and Decision
Outcome
Order of the Residential Tenancy Officer confirmed with variation: surrender date extended to November 30, 2005; judgment for the respondent
Legal Topics
Lease Arrears, Termination of Tenancy, Mediated Settlement Enforcement, Notice to Quit, Statutory Grounds for Early Termination (medical)
Source Language
English
Residential Tenancies Landlord Tenant Law Small Claims Court Practice Lease Arrears Termination of Tenancy Mediated Settlement Enforcement Notice to Quit Statutory Grounds for Early Termination (medical)

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Wayne E. Ramsay

Appellant

CAP REIT

Respondent

Procedural Posture

Residential Tenancies Appeal / Hearing and Decision

Legal Issues

  1. 1 Whether the mediated settlement was in default
  2. 2 Whether tenant's medical or financial circumstances justify relief from eviction or forbearance under the Residential Tenancies Act
  3. 3 Whether the Residential Tenancy Officer's order should be confirmed, varied or rescinded

Ratio Decidendi

The mediated settlement was in default and the tenant was more than 30 days in arrears, entitling the landlord to termination under s.10(6) of the Residential Tenancies Act; there is no statutory or common law basis to grant forbearance or delay in payment due to the tenant's medical or financial circumstances, therefore the Residential Tenancy Officer's order is confirmed (with a minor extension of the vacate date).

Court Disposition

Order of the Residential Tenancy Officer confirmed with variation: surrender date extended to November 30, 2005; judgment for the respondent

Orders

  • Appellant to pay respondent the sum of $4,950.00
  • Appellant to vacate and deliver up vacant possession of the premises not later than November 30, 2005