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Limitation of actions 2025 NSSM 81

Finley Brophy Trucking Limited v. Kelly

Court
Nova Scotia Small Claims Court

Partial payment in the form of the defendant's labour in March–April 2024 constituted part payment/acknowledgement under s.20(11) of the 2014 Act and restarted the two-year limitation period, rendering the claimant's July 2025 claim timely; the defendant's 2014 counter-claim is barred by the old Act because it fell outside the six-year limitation and beyond the four-year hard cap in s.3(6), so it must be dismissed.

Source excerpt

  • Statute of limitations
  • Acknowledgement of debt
  • Partial payment
  • Counter-claim
  • Application of former and current limitation acts
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Residential tenancies 2025 NSSM 69

K.N. v. A.N

Court
Nova Scotia Small Claims Court

The adjudicator upheld the Director's order because the observed damage amounted to heavy wear and tear rather than damage sufficient to justify termination, the landlord had withdrawn the damages claim at hearing and provided only estimate quotes, and procedural rules require damages claims be determined by the Residential Tenancies Board before the Court will adjudicate them.

Source excerpt

  • Termination of tenancy
  • Damages for property damage
  • Ordinary wear and tear
  • Jurisdictional preconditions
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Residential tenancies 2025 NSSM 27

McIntyre v. 24 Melrose Holdings Inc.

Court
Nova Scotia Small Claims Court

On the balance of probabilities the Appellant’s repeated conduct (frequent abusive communications, videotaping and following others, unsubstantiated peace bond applications, and a threatening incident on April 14, 2024) breached the statutory condition of good behaviour; the landlord’s early conduct by the superintendent was annoying and intrusive but did not, in context and on the evidence, constitute a breach of the landlord’s statutory duties or proof of deliberate use of noxious chemicals; therefore the Director’s order for vacant possession is confirmed and the appeal is dismissed.

Source excerpt

  • Eviction
  • Vacant possession
  • Statutory condition good behaviour
  • Evidence and disclosure
  • Recusal and judicial bias
  • Accommodation for disability
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Administrative law 2024 NSSM 88

McIntyre v. Spence

Court
Nova Scotia Small Claims Court

The adjudicator concluded that the appellant failed to meet the heavy burden to establish a reasonable apprehension of bias because her allegations were broad, repetitive and unsupported by cogent factual evidence or sworn affidavit; applying both the subjective and objective tests, the adjudicator affirmed he could be impartial and that a reasonable informed person would not conclude he would not decide fairly, therefore recusal is not required.

Source excerpt

  • Recusal
  • Reasonable apprehension of bias
  • Impartiality
  • Case assignment
  • Hearing procedure
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Residential tenancies 2023 NSSM 106

Janowitz v. Hayman Real Estate

Court
Nova Scotia Small Claims Court

s17C(7) permits admission of hearsay in Residential Tenancies appeals and its weight is for the adjudicator; given multiple proven incidents of noise and unauthorized access (March 27, April 1, June 19, July 27) breaching s9(1)(3), termination of the tenancy is justified; Director's termination order is affirmed but the vacant possession date is amended to January 31, 2024.

Source excerpt

  • Termination of tenancy
  • Good behaviour statutory condition
  • Admissibility of hearsay
  • Noise complaints
  • Eviction orders
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Residential tenancies 2023 NSSM 50

Brewer v. Lewis

Court
Nova Scotia Small Claims Court

The adjudicator found the Appellants' evidence more credible, concluded the Appellants did pay the additional quarterly sums intended for municipal taxes and water (making the municipal account the Respondents' responsibility), found Appellants defaulted on rent from March–June 2023 and owed $2,900, held that the Residential Tenancies Act applies to rent-to-own arrangements so the court can order rent but cannot order conveyance, and therefore varied the Director's order to a monetary judgment and removed the requirement for vacant possession unless payment is not made by the deadline.

Source excerpt

  • Rent-to-own
  • Unpaid rent
  • Municipal utilities and taxes
  • Credibility assessment
  • Remedies and limits of small claims jurisdiction
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Contract 2023 NSSC 194

Hirtle v. S.G.M. Garage Doors Ltd.

Court
Supreme Court of Nova Scotia

The Supreme Court deferred to the Adjudicator's factual findings supported by the invoice and witness evidence, found no palpable and overriding error or evidence of a conflict or breach of natural justice, and concluded there was no error of law in ordering payment for the completed 10 foot door; appeal dismissed and costs awarded.

Source excerpt

  • Measurement dispute
  • Breach of contract
  • Damages
  • Conflict of interest
  • Costs
  • Standard of review
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Civil procedure 2021 NSSM 21

Atlantic Photo Supply (2001) Limited v. Mackie Moving Systems Atlantic

Court
Nova Scotia Small Claims Court

Failure to effect personal service on the corporation's recognized agent meant the Notice of Claim was not properly served; that failure constitutes a reasonable excuse under s.23(2) to set aside the order, therefore the February 8, 2021 order (and consequential orders) must be set aside.

Source excerpt

  • Service of process
  • Recognized agent
  • Setting aside default/default judgment
  • Substituted service
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Residential tenancies 2020 NSSM 31

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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Residential tenancies 2017 NSSM 79

XYZ Limited v. A.A.

Court
Nova Scotia Small Claims Court

Where a tenant validly serves a Form Q with a Certificate issued by the Director of Victim Services under s.10F/10H and the certificate and notice were properly given, the Small Claims Court’s inquiry is limited to whether the notice and certificate were properly delivered and to unrelated tenancy issues; the Director cannot be compelled to disclose underlying records; here the notice and certificate were properly given, the tenancy terminated July 1, 2017, the landlord cannot recover rent for July and August 2017, and the landlord is entitled to retain the security deposit as full and final…

Source excerpt

  • Early termination of tenancy
  • Form q tenant's notice to quit—domestic violence
  • Certificate confirming grounds to terminate tenancy due to domestic violence
  • Confidentiality of victim services records
  • Compellability of witnesses
  • Security deposit application
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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.