Formac Investments Ltd. v. Peck, (2009) 283 N.S.R.(2d) 151 (SmCl)

• Jurisdiction: Nova Scotia
• Judge: Slone
• Neutral Citation: 2009 NSSM 48
• Subject Matter: LANDLORD AND TENANT
• Citation: (2009), 283 N.S.R.(2d) 151 (SmCl),2009 NSSM 48,283 NSR(2d) 151,(2009), 283 NSR(2d) 151 (SmCl),283 N.S.R.(2d) 151
• Date: 30 September 2009
• Court: Small Claims Court of Nova Scotia (Canada)

Formac Inv. Ltd. v. Peck (2009), 283 N.S.R.(2d) 151 (SmCl);

    900 A.P.R. 151

MLB headnote and full text

Temp. Cite: [2009] N.S.R.(2d) TBEd. NO.009

Formac Investments Limited (landlord) v. Kelly Peck (tenant)

(313460; 2009 NSSM 48)

Indexed As: Formac Investments Ltd. v. Peck

Nova Scotia Small Claims Court

Slone, Adjudicator

September 30, 2009 and October 20, 2009.

Summary:

The tenant's lease ran from September 1, 2007, to August 31, 2008, and was renewed for one year. Four months before the expiry of the second year, the tenant gave proper notice that he wished to convert the tenancy to a month to month tenancy under s. 10A of the Residential Tenancies Act. The landlord refused to consent. A residential tenancies officer declared that the lease had become a month to month lease effective September 1, 2009, stating that the landlord "may not deny the tenant's request". The landlord appealed.

The Nova Scotia Small Claims Court allowed the appeal. The court declared that the lease had been renewed for one year, expiring on August 31, 2010.

Landlord and Tenant - Topic 2389

The lease - Renewals - Conversion from yearly to monthly (incl. landlord's consent) - The tenant's lease ran from September 1, 2007, to August 31, 2008, and was renewed for one year - Four months before the expiry of the second year, the tenant gave proper notice that he wished to convert the tenancy to a month to month tenancy under s. 10A of the Residential Tenancies Act - The landlord refused to consent - A residential tenancies officer declared that the lease had become a month to month lease effective September 1, 2009, stating that the landlord "may not deny the tenant's request" - The landlord appealed - The Nova Scotia Small Claims Court allowed the appeal - The officer erred in law in failing to consider the landlord's reasons for withholding consent and in making no finding that the reasons were either arbitrary or unreasonable - Under s. 10A(3), the landlord's consent was not to be "arbitrarily or unreasonably withheld" - These words had to be given some meaning, allowing the landlord to exercise some judgment - The intent of the Act was to make conversions possible and, in most cases, difficult to resist, but not automatic - An arbitrary decision would be one that was random or based on personal whim - An unreasonable decision would have no credible rationale behind it - Here, the landlord was neither arbitrary nor unreasonable - The court declared that the lease had been renewed for one year, expiring on August 31, 2010.

Cases Noticed:

Windsor Apothecary Ltd. v. Wolfe Group Holdings Ltd. (1996), 140 Sask.R. 233; 1996 CarswellSask 116 (Q.B.), refd to. [para. 11].

Statutes Noticed:

Residential Tenancies Act, R.S.N.S. 1989, c. 401, sect. 10A(3) [para. 4].

Counsel:

Jim Lorimer, for the landlord;

The tenant was self-represented.

This appeal was heard at Dartmouth, Nova Scotia, by Slone, Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision on September 30, 2009, with an addendum on October 20, 2009.