Arnaout v. Ferla, (2004) 258 N.S.R.(2d) 6 (SmCl)

Court:Small Claims Court of Nova Scotia
Case Date:May 11, 2004
Jurisdiction:Nova Scotia
Citations:(2004), 258 N.S.R.(2d) 6 (SmCl);2004 NSSM 47
 
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Arnaout v. Ferla (2004), 258 N.S.R.(2d) 6 (SmCl);

    824 A.P.R. 6

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Temp. Cite: [2007] N.S.R.(2d) TBEd. AU.040

Azmi Arnaout (appellant) v. Shelly M. Ferla (respondent)

(Claim No. SCCH 219174; Residential Tenancies File No. H03-18,664, H04-18,829; 2004 NSSM 47)

Indexed As: Arnaout v. Ferla

Nova Scotia Small Claims Court

Thompson, Adjudicator

May 17, 2004.

Summary:

A landlord appealed a decision of the Director of Residential Tenancies dismissing his claim for lost rent and costs, and for cleaning the premises.

An Adjudicator of the Nova Scotia Small Claims Court allowed the appeal and ordered the tenant to pay to the landlord $6,952.

Landlord and Tenant - Topic 6688.1

Termination, forfeiture and reentry - Notice of termination - Early termination for health reasons - An Adjudicator of the Nova Scotia Small Claims Court held that a doctor's check in the box on the form provided by the Director of Residential Tenancies, or indeed any other certificate or statement by a doctor, to the effect that a tenant had suffered a "significant deterioration of health" was not conclusive and did not entitle a tenant to vacate on one month's notice under s. 10C of the Residential Tenancies Act - The adjudicator stated that a court was not obliged to accept the check in the box, or indeed any other doctor's statement or certificate - The certificate was evidence of a significant deterioration in health - In many cases, the doctor's statement would provide compelling evidence, but it was not the legislature's intention to delegate to the medical profession the decision whether a lease should be terminated because of ill-health - The legislature's intention was to provide tenants who suffered a significant deterioration in their health an opportunity on short notice to move out of premises which they could no longer use because of the significant deterioration - The purpose of the legislation was not to give tenants a right to terminate leases if they could convince their doctors to check a box in a pre-printed form - See paragraphs 4 to 7.

Statutes Noticed:

Residential Tenancies Act, R.S.N.S. 1989, c. 401, sect. 10C [para. 5].

Counsel:

None disclosed.

This appeal was heard on May 11, 2004, by Thompson, Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision at Halifax, N.S., on May 17, 2004.

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