Delaney v. Cape Breton Housing Authority, (2015) 355 N.S.R.(2d) 394 (SC)

• Judge: Gogan, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 04, 2015
• Jurisdiction: Nova Scotia
• Citations: (2015), 355 N.S.R.(2d) 394 (SC);2015 NSSC 40

Delaney v. Housing Authority (2015), 355 N.S.R.(2d) 394 (SC);

    1123 A.P.R. 394

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. FE.021

Donna Delaney (appellant) v. Cape Breton Housing Authority (respondent)

(Syd. No. 428433; 2015 NSSC 40)

Indexed As: Delaney v. Cape Breton Housing Authority

Nova Scotia Supreme Court

Gogan, J.

February 4, 2015.

Summary:

A complaint was made about activity at Delaney's residence. An investigation was carried out under the Safer Communities and Neighbourhoods Act (the "Act"). The investigation, conducted by Jones, included a videotape which showed a variety of people visiting Delaney's residence. The information resulting from the investigation was provided to the Public Housing Commission. The Cape Breton Housing Authority took action to evict Delaney based on a breach of s. 9(1)(3) of the Residential Tenancies Act. In the context of the residential tenancies hearing, Jones provided a Statutory Declaration setting out the information he obtained in the course of his investigation. He disclosed that a surveillance videotape had been made. Based on the evidence presented at the residential tenancy hearing, the tenancy was terminated. Delaney appealed the decision of the Residential Tenancy Officer to the Small Claims Court. At the Small Claims Court hearing, Delaney requested a copy of the Statutory Declaration by Jones and the videotape. Jones indicated that the videotape was privileged under s. 28 of the Act. The adjudicator agreed. Delaney appealed the adjudicator's decision that the videotape was privileged.

The Nova Scotia Supreme Court dismissed the appeal. Privilege attached to the videotape evidence produced by Jones in the course of his investigation under the Act. The court remitted the matter to the Small Claims Court for adjudication on the merits.

Land Regulation - Topic 4984

Community safety order (safer communities and neighbourhoods legislation) - Privilege applicable to information supplied or document or thing produced during investigation - A complaint was made about activity at Delaney's residence - An investigation was carried out under the Safer Communities and Neighbourhoods Act (the "Act") - The investigation, conducted by Jones, included a videotape which showed a variety of people visiting Delaney's residence - The information resulting from the investigation was provided to the Public Housing Commission - The Cape Breton Housing Authority took action to evict Delaney based on a breach of s. 9(1)(3) of the Residential Tenancies Act - In the context of the residential tenancies hearing, Jones provided a Statutory Declaration setting out the information he obtained in the course of his investigation - He disclosed that a surveillance videotape had been made - Based on the evidence presented at the residential tenancy hearing, the tenancy was terminated - Delaney appealed the decision of the Residential Tenancy Officer to the Small Claims Court - At the Small Claims Court hearing, Delaney requested a copy of the Statutory Declaration by Jones and the videotape - Jones indicated that the videotape was privileged under s. 28 of the Act - The adjudicator agreed - Delaney appealed the adjudicator's decision that the videotape was privileged - The Nova Scotia Supreme Court dismissed the appeal - Privilege attached to the videotape evidence produced by Jones in the course of his investigation under the Act.

Cases Noticed:

Director of Public Safety (N.S.) v. Dixon et al. (2011), 297 N.S.R.(2d) 337; 943 A.P.R. 337; 2011 NSSC 5, refd to. [para. 9].

Director of Public Safety (N.S.) v. Dixon et al. (2011), 298 N.S.R.(2d) 370; 945 A.P.R. 370; 2011 NSCA 15, refd to. [para. 9].

Brett Motors Leasing Ltd. v. Welsford (1999), 181 N.S.R.(2d) 76; 560 A.P.R. 76; 1999 CanLII 112 (S.C.), refd to. [para. 10].

Sable Offshore Energy Inc. et al. v. Ameron International Corp. et al. (2015), 354 N.S.R.(2d) 333; 1120 A.P.R. 333; 2015 NSCA 8, refd to. [para. 12].

Potter v. Nova Scotia Securities Commission (2006), 246 N.S.R.(2d) 1; 780 A.P.R. 1; 2006 NSCA 45, refd to. [para. 14].

Swinimer v. Canada (2005), 231 N.S.R.(2d) 129; 733 A.P.R. 129; 2005 NSSC 55, refd to. [para. 14].

Statutes Noticed:

Safer Communities and Neighbourhoods Act, S.N.S. 2006, c. 6, sect. 28 [para. 1].

Counsel:

Alan Stanwick, for the appellant;

Adam Neal, for the respondent.

This appeal was heard on February 4, 2015, in Sydney, N.S., before Gogan, J., of the Nova Scotia Supreme Court, who delivered the following decision orally on February 4, 2015, and with written reasons on February 11, 2015.