Canada Case Law

Rainbow International Restoration of Halifax v. Chen

Court

Nova Scotia Small Claims Court

The Claimant is entitled to restitution because the Defendant received the benefit of emergency remediation, the Claimant suffered a corresponding deprivation by performing and invoicing for the work, and there was no contract or other juristic reason absolving the Defendant of payment; the Claimant's industry-standard charges are reasonable and the Defendant must pay $5,793.78 plus costs.

Source excerpt

• Remediation services
• Apparent authority
• Emergency work pricing
• Quantification of damages
• Mitigation of loss

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Brimicombe v. Ding

Court

Nova Scotia Small Claims Court

The flood frustrated the lease such that neither party was obliged to resume tenancy; alternatively, even if the tenancy continued, the respondents met s.10(8)(f)(i) by requiring possession in good faith for family residence (in‑laws and newborn), and they acted in good faith with monetary offer, so the Director's order is affirmed and the appeal dismissed.

Source excerpt

• Termination of tenancy
• Possession for family residence
• Act of god/frustration
• Damage deposit
• Tenant insurance
• Compensation

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Price Security Holdings Inc. v. Klompas & Rothwell

Court

British Columbia Court of Appeal

The Court of Appeal held that a beneficiary could sue a trust debtor directly in special circumstances where the trustee failed to protect the beneficiary’s interest and equity favored relief.

• Beneficiary standing to sue trust debtor
• Special circumstances exception to trustee exclusivity
• Privity of contract
• Trustee duties
• Unjust enrichment
• Remedies for unpaid rent

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Pye v Shelton

Court

Supreme Court of Nova Scotia

The court found there was a serious issue to be tried about the enforceability of the option, the applicants would suffer irreparable harm (eviction from family home) if injunction refused, and the balance of convenience favored applicants; accordingly an interim injunction was granted extending the option closing indefinitely and restraining respondents from terminating the option or tenancy pending determination of the application.

Source excerpt

• Option to purchase
• Specific performance
• Interim injunction
• Eviction
• Jurisdiction of residential tenancies director

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Monaghan v. Boss

Court

Nova Scotia Small Claims Court

The adjudicator held that the landlords provided adequate written notice that their payment of water would cease, that withdrawal of a service is a deemed rent increase under s.11 and no new signed lease was required to effect that change; therefore the tenant became responsible for water costs effective February 1, 2020, the Director’s order was confirmed with specified variations, and the tenant was liable for the recalculated arrears totaling $3,974.15.

Source excerpt

• Deemed rent increase
• Withdrawal of service
• Notice requirements
• Lease renewal
• Security deposit
• Termination of tenancy

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Braithwaite v. Akter

Court

Nova Scotia Small Claims Court

The landlord failed to prove, on the balance of probabilities, that the tenants caused the bed bug infestation or justify most claimed expenses because evidence was lacking or untimely; only the stove fire (accepted as tenant-caused) with a $100 replacement and $40 cleaning were supported, therefore $140 was deductible and the balance of the deposit ($326.90) must be returned equally to the tenants.

Source excerpt

• Damage deposit
• Burden of proof
• Evidence
• Extermination/bed bugs
• Cleaning costs
• Stove/fire damage

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Kim v. Kim

Court

Supreme Court of British Columbia

The court held the landlord wrongfully repossessed the restaurant premises, awarded $25,000 in damages, and declined costs because the award was within small claims jurisdiction.

• Wrongful termination of lease
• Damages for loss of business and inventory
• Mitigation of damages
• Summary trial suitability
• Admissibility of late evidence
• Wrongful-termination-of-lease

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Mintus v. Stewart

Court

Nova Scotia Small Claims Court

Adjudicator found tenants credible that they were forced to vacate early due to loss of heat/power and therefore were not liable for March rent; landlord proved only some damages (door and some cleaning/stain compensation) equivalent to the $600.00 security deposit, so landlord may retain the deposit and the balance of the claimed rent and damages is dismissed.

Source excerpt

• Security deposit
• Rent arrears
• Eviction
• Damages assessment
• Utility/service interruption

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Lobsiger v. Hall

Court

Nova Scotia Small Claims Court

Adjudicator found that, on the evidence, a 10% commission on gross rents was a just and reasonable remuneration under quantum meruit and awarded the claimant $2,020; the claimant did not abandon his goods so the defendant was ordered to return them by set conditions and timeline; claimant awarded court costs of $182.70.

Source excerpt

• Quantum meruit
• Commission for rental management
• Return of goods
• Abandonment of chattels
• Court costs

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Asselstine v. Drake

Court

Nova Scotia Small Claims Court

The evidence did not meet the civil standard required to establish that the appellants conducted themselves so as to interfere with the possession or occupancy of other tenants under s.9(1)(3); therefore the Director's termination order was varied and the tenancy was allowed to continue until lease expiry May 31, 2015.

Source excerpt

• Termination of tenancy
• Statutory conditions
• Quiet enjoyment
• Variation of administrative order
• Standard of proof

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