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Landlord-tenant law 2025 NSSM 12

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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Residential tenancies act 2022 NSSM 31

McIntyre v. Tian

Court
Nova Scotia Small Claims Court

Adjudicator found landlord breached duty under Statutory Condition 9(1)(1) by failing to provide reasonable cooking facilities and adequate heat; tenant's partial rent withholding was reasonable; large personal injury and lost wage claims lacked evidentiary support and are unsuitable for the Residential Tenancies forum; therefore Residential Tenancies Officer erred in terminating tenancy for arrears and bad behaviour and the appropriate remedy is a rent abatement of 40% plus limited reimbursements, yielding a net award to the tenant of $1,849.36.

Source excerpt

  • Habitability
  • Rent abatement
  • Termination of tenancy
  • Statutory conditions
  • Damages
  • Jurisdictional scope
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Residential tenancies act 2021 NSSM 31

B.D. v. Northpoint Properties Limited

Court
Nova Scotia Small Claims Court

The tenants failed to prove the required link between B.D.'s deteriorated health and an inability to continue the tenancy under s.10C(1), and failed to prove the significant and demonstrable income reduction required by s.10B(1); clinical notes did not support a tenancy-related medical cause and no evidence quantified income loss, therefore the attempted early termination was ineffective and the landlord's claim for one month rent and fees stands subject to application of the security deposit.

Source excerpt

  • Early termination for medical reasons
  • Physician's certificate (form h)
  • Income-based termination (s.10b)
  • Mitigation of damages
  • Security deposit offset
  • Evidentiary sufficiency
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Residential tenancies act 2018 ONCA 921

Beahon v. Steinfeld

Court
Court of Appeal for Ontario

There was no evidence the appellant was a legal tenant within the meaning of the Residential Tenancies Act, 2006; therefore the RTA protections did not apply and the motion judge's decision was correct, warranting dismissal of the appeal.

Source excerpt

  • Tenancy status
  • Lockout
  • Disposal of belongings
  • Costs
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Residential tenancies act 2018 NSSM 73

Curtis v. Groves

Court
Nova Scotia Small Claims Court

The transaction met the statutory definition of a residential tenancy and s.10(d) of the Small Claims Court Act excludes landlord-tenant disputes governed by the Residential Tenancies Act from Small Claims Court jurisdiction; therefore the claim must be dismissed for lack of jurisdiction and pursued in Residential Tenancies.

Source excerpt

  • Jurisdictional bar
  • Utility bill reimbursement
  • Exclusive tribunal jurisdiction
  • Residential tenancy determination
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Landlord and tenant law 2013 NSSM 59

Grover v. Sulley Property and Investments Ltd.

Court
Nova Scotia Small Claims Court

The adjudicator held that the tenants owe July 2013 rent of $895 but are entitled to a $200 abatement for breach of Statutory Condition 1; the security deposit of $447.50 is applied resulting in a judgment of $247.50. The pro-rated August claim ($433) is denied because s.10 limits arrears orders to the month of notice and prior months and the landlord did not follow the prescribed form/process to collect additional pro-rated rent.

Source excerpt

  • Rent arrears
  • Abatement for breach of statutory conditions
  • Termination of tenancy
  • Security deposit
  • Procedural form requirements
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Landlord and tenant 2005 NSSM 33

Ocean Equities Ltd. v. Colley

Court
Nova Scotia Small Claims Court

The lease was a yearly tenancy with anniversary date June 1; no valid three-month notice was given on or before March 1, 2005 so the lease automatically renewed on June 1, 2005; the landlord failed to prove on a balance of probabilities that the tenant herself contravened an enactment or that her conduct posed a risk to safety or security sufficient to justify short notice under s.10(7A); therefore the Residential Tenancies Officer's decision was correct and termination was not warranted.

Source excerpt

  • Notice to quit
  • Anniversary date
  • Automatic renewal
  • Short notice for safety/security
  • Burden of proof
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About this LexChat collection

Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.