Canada Case Law

Raiszadeh v. HLM Enterprises Inc.

Court

Supreme Court of British Columbia

The court dismissed the judicial review because the arbitrator's findings of fact (service, denial of access, reputational/operational harm) and exercise of discretion (refusal to adjourn, finding s.56 thresholds met) were supported by evidence and not patently unreasonable, and the adjudicator reasonably dismissed the internal review grounds; accordingly the Order of Possession stands with a stay extended to April 15, 2026.

Source excerpt

• Judicial review
• Standard of review
• Procedural fairness
• Early termination of tenancy (s.56 rta)
• Landlord access
• Service of documents

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Panco Construction Ltd. v. Paydar

Court

Nova Scotia Small Claims Court

Lease Schedule B provisions that assign fixed prices for cleaning and repairs and effectively demand perfection are contrary to the RTA and unenforceable; landlord failed to prove that alleged deficiencies went beyond ordinary cleanliness or ordinary wear and tear and failed to prove causation for the refrigerator damage, therefore the security deposit must be returned in full along with filing costs.

Source excerpt

• Security deposit
• Ordinary wear and tear
• Lease term enforceability
• Cleaning charges
• Refund of deposit
• Causation of damage

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Northview NS v. Thompson

Court

Nova Scotia Small Claims Court

Allowing an evicted former tenant and an associate with an uncontrolled aggressive dog to occupy a tenant's unit constituted breaches of Statutory Conditions 3 and 4 of s.9(1) of the Residential Tenancies Act and justified termination of the lease, but mitigating factors (long tenancy, some remedial steps) justified replacing immediate termination with a conditional order requiring lock replacement, prohibition of key sharing and exclusion of named persons, with liberty for landlord to seek immediate termination upon breach.

Source excerpt

• Good behaviour (statutory condition)
• Tenant responsibility for guests
• Breach leading to eviction
• Mitigating factors in eviction
• Protection of property act

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Winn v. CAPREIT Limited Partnership

Court

Nova Scotia Small Claims Court

Claimant failed to prove misrepresentation or that the landlord breached the RTA; the lease permitted restricted smoking and landlord followed the statutory process and acted reasonably in addressing complaints; evidence did not establish ongoing substantial and unreasonable nuisance or causation for claimed damages, therefore appeal is dismissed and the Director's decision is affirmed.

Source excerpt

• Smoking policy
• Quiet enjoyment
• Misrepresentation
• Rent abatement
• Damages
• Enforcement of lease rules

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Salas v. Aya

Court

Supreme Court of Nova Scotia

The appeal is dismissed because the Adjudicator's factual findings were supported by the evidentiary record and there was no error of law or breach of natural justice; the appellants merely sought a re‑weighing of evidence, which is not available on appeal under s.32(1) of the Small Claims Court Act, and therefore the Adjudicator's award in favour of the tenants ($1,337.42) and costs ($50) is affirmed.

Source excerpt

• Security deposit
• Misappropriation of goods
• Wear and tear vs. tenant damage
• Cleaning charges
• Pest control liability
• Insurance deductible recovery

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McLennan v. Chen

Court

British Columbia Court of Appeal

The Court of Appeal restored an RTB award of 12 months’ rent, holding the hearing was procedurally fair and the landlord had notice, counsel, and a chance to be heard.

• Procedural fairness
• Judicial review
• Standard of review
• Statutory interpretation
• Rta s.51 compensation
• Procedural-fairness

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Kumar v. Flores

Court

Nova Scotia Small Claims Court

The statutory ten-day filing requirement in s.12A is mandatory and jurisdictional; failure to file within ten days bars the landlord from retaining the deposit and the Small Claims Court cannot adjudicate a damages claim that was not filed with the Director, therefore the Director's order returning the deposit is confirmed and the appeal is dismissed.

Source excerpt

• Security deposit
• Statutory deadline
• Jurisdiction
• Appealability
• Claims procedure

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JDE Property Management v. Deveaux

Court

Nova Scotia Small Claims Court

The adjudicator held that the appellants breached Statutory Condition 1 by failing to maintain the premises in a good state of repair (notably the flooring, assigned parking, and delayed heat pump/air exchanger repairs), that parking was included in the lease, and that the appellants must pay quantified compensation and either repair the parking by December 31, 2026 or assign equivalent spots; there was no breach of Statutory Condition 2 regarding routine heat pump servicing and no unlawful rent increase.

Source excerpt

• Maintenance and repair obligations
• Statutory conditions
• Compensation for breach
• Parking allocation
• Heat pump and air exchanger repair
• Flooring safety

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Bellefontaine v. Westphal Court Limited

Court

Nova Scotia Small Claims Court

A tenant of a manufactured home space is entitled to exclusive possession of a defined manufactured home space, but where a longstanding factual configuration (atypical door placement and unusable land) has resulted in historical shared use, the court will not order structural renovation of a neighbouring unit; instead the landlord must fulfill its obligation to specify and fix boundaries and to enforce good behaviour—here by specifying the Appellant's exclusive area, demarcating the boundary, and erecting a fence within 45 days to protect exclusive possession and quiet enjoyment.

Source excerpt

• Exclusive possession
• Quiet enjoyment
• Lease interpretation
• Enforcement of community guidelines
• Boundary demarcation
• Statutory conditions

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Olympus Properties v Ernst

Court

Nova Scotia Small Claims Court

Parking fee for second outdoor space was not part of base rent but the parking arrangement was set out in the tenancy agreement so the RTA applies; increasing the parking fee from $25 to $50 amounted to a discontinuance or reduction in the service/privilege captured by s.11(5) and is therefore a deemed rent increase which, together with existing rent increases, would exceed the statutory cap; Director's order prohibiting the increase is confirmed.

Source excerpt

• Rent increase
• Parking fee
• Deemed rent increase
• Statutory condition
• Notice requirements
• Contract interpretation

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