Canada Case Law

Kalinin v. Arnold

Court

Nova Scotia Small Claims Court

The court found the tenant was responsible for maintaining electrical service under the lease; the tenant allowed a two-month loss of power which interfered with the landlord's possession and posed safety and property risk, thereby breaching the statutory condition against interfering with possession under s 9(1) of the Residential Tenancies Act; accordingly the Director's termination order was upheld, with a limited modification to the vacate date.

Source excerpt

• Termination of tenancy
• Maintenance of utilities
• Interference with possession
• Lease interpretation
• Remedy - eviction

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Bonavista Mangement Inc. v. Absolute Star Design Ltd.

Court

Supreme Court of British Columbia

The court granted a permanent injunction against cigar and tobacco smoking at a commercial unit after finding private nuisance, breach of lease, and bylaw violations.

• Private nuisance
• Breach of lease
• Smoking bylaw violation
• Permanent injunction
• Costs
• Private-nuisance

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Estabrooks v. Gauvin 2000 Construction Ltd.

Court

Supreme Court of British Columbia

The court dismissed a Rule 9-7 application because the evidence was insufficient to determine where the plaintiff fell or whether the defendant had control of the area.

• Rule 9-7 summary trial
• Liability for ice and snow
• Maintenance obligations under lease
• Control of reserved parking spaces
• Apportionment of liability
• Summary-trial

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Metropolitan Regional Housing Authority v. Skinner

Court

Nova Scotia Small Claims Court

A Housing Authority operating a Public Housing Program may avoid s.11 notice requirements only where rent changes are based on changes in tenant income; a repayable student loan is not income and thus does not permit rent changes outside s.11, and the Authority's contrary policy cannot override the Act; alternatively the Authority is estopped from charging above $46/month while the household income remains unchanged.

Source excerpt

• Rent increase
• Public housing program
• Definition of income
• Notice requirements s.11
• Estoppel
• Written policy vs statute

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Wong v. Smart

Court

Supreme Court of British Columbia

The court adjourned a commercial tenancy possession application on condition the tenant pay $1,482.95 by June 11, 2001, with possession likely if she did not.

• Eviction
• Rent arrears
• Deposit
• Costs
• Breach of lease
• Commercial-tenancy

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The King v. Canada SS. Lines

Court

Supreme Court of Canada

The Supreme Court of Canada interpreted lease clauses excluding liability and indemnity, holding the Crown was exempt from negligence liability and entitled to indemnity.

• Exculpatory clause in lease
• Faute lourde / gross negligence
• Contract interpretation (civil code of quebec)
• Indemnity (third party)
• Exchequer court act s.19(c)
• Water carriage of goods act

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