Canada Case Law

Kerr v. 3340528 Nova Scotia Limited

Court

Supreme Court of Nova Scotia

Because the Residential Tenancies Act and its prescribed Form A establish that an appeal to the Small Claims Court is a de novo hearing and the RTO and appeal materials put the parties on notice that damages and security deposit issues were live, the adjudicator had jurisdiction to hear them; the adjudicator's factual findings on damages were supported by the evidence and not palpably and overridingly erroneous, therefore the appeal is dismissed.

Source excerpt

• De novo appeal
• Scope of review
• Security deposit
• Damages to premises
• Jurisdiction

Read case analysis

Chiodo v. Doe

Court

Supreme Court of British Columbia

On judicial review, the court dismissed the petition as unreasonably delayed and, alternatively, found the arbitrator’s decision reasonable under Vavilov.

• Judicial review
• Reasonableness standard (vavilov)
• Timeliness and undue delay
• Division of powers (provincial law on reserve)
• Residential tenancy termination under rpl s.46.4
• Permits under the water sustainability act

Read case analysis

McNeil v. Jellow

Court

Nova Scotia Small Claims Court

The appeal is adjourned because a named respondent (Sharon Jellow) was not properly personally served with the Notice of Appeal; proper personal service is required under the Small Claims Court Regulations/Act and the Residential Tenancies Act procedure, and until service is effected the court cannot finally determine the merits.

Source excerpt

• Service of process
• Personal service
• Substituted service
• Jurisdiction
• Landlord-tenant relationship
• Notice to vacate

Read case analysis

St-Amand v. Eldorado Corp. Ltd.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed an application to vary a chambers order, holding the proposed appeals lacked merit and costs should follow the event.

• Service of process
• Default judgment
• Indigent status for appeal
• Timeliness of defence filing
• Dismissal for lack of merit
• Service-of-process

Read case analysis