Canada Case Law

Doxey v. McGraw

Court

Nova Scotia Small Claims Court

The written Lease and Option Agreement, including its entire agreement and forfeiture provisions, defines the parties' remedies; the Residential Tenancies Board ruled no tenancy relationship under the Residential Tenancies Act; the evidence did not substantiate the claimed damages and the retained deposit exceeded the claim, therefore the claimants are not entitled to the relief sought and the claim is dismissed.

Source excerpt

• Lease and option agreement
• Default and forfeiture
• Liquidated damages vs penalty
• Jurisdiction of residential tenancies board
• Property damage assessment
• Parol evidence/entire agreement clause

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M.H. v. T.H.

Court

Supreme Court of British Columbia

The court granted the claimant temporary exclusive occupation of the rented apartment, ordered equal parenting time and responsibilities, declined excluded-property claims, and awarded an unequal property division in the claimant’s favour.

• Exclusive occupation of family residence
• Parenting arrangements and best interests of the child
• Excluded property under s.85 fla
• Unequal division under s.95 fla
• Parental responsibilities
• Child support (federal guidelines)

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Grant v. Hussan

Court

Nova Scotia Small Claims Court

Because the defendants elected to return and self-quarantine in the jointly leased apartment, thereby effectively denying the claimant his right to occupy, they were liable to reimburse his reasonable expenses incurred to relocate during the quarantine and to pay their share of the electricity bill.

Source excerpt

• Co-tenancy rights
• Allocation of utility costs
• Damages for relocation and living expenses
• Quarantine/self-isolation obligations

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Smith v. Cartwright

Court

Supreme Court of British Columbia

The court dismissed Mr. Smith’s family property claim, finding no proved marriage-like relationship with two years’ continuous cohabitation, and allowed Ms. Cartwright’s rent counterclaim in part.

• Marriage-like relationship
• Cohabitation
• Spouse definition
• Division of family property
• Unpaid rent
• Counterclaim

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Fraser v. Abma

Court

Supreme Court of British Columbia

The court dismissed competing summary trial applications in a commercial tenancy dispute, finding credibility conflicts prevented resolution and the matter should proceed to trial.

• Lease duration dispute
• Eviction notice
• Compensation for tenant improvements
• Summary trial suitability
• Farm classification lease form
• Option to purchase

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Hatton v. Leahy

Court

Supreme Court of British Columbia

Post-trial costs decision awarding the plaintiffs Scale B costs and double costs for steps taken after July 29, 2009 under Rule 37B.

• Offer to settle
• Rule 37b
• Costs awards
• Double costs
• Interpretation of agreement
• Costs-awards

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Evangeline Courts Housing Co-op v. Lapointe

Court

Supreme Court of Nova Scotia

The eviction, given that the applicant offered to pay arrears and the practical effect would be expulsion from the co-op’s housing purpose, constituted an exclusion triggering s.29(2) of the Co-operative Associations Act; accordingly the eviction order was stayed until the s.29(2) membership appeal procedure is completed because RTB proceedings do not oust the statutory right of appeal to the membership.

Source excerpt

• Eviction
• Membership exclusion
• Right of appeal to general membership
• Residential tenancies board enforcement
• Stay of proceedings

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