Parsons v. 500 Ventures Ltd.,

• Jurisdiction: Nova Scotia
• Judge: Thompson
• Neutral Citation: 2004 NSSM 45
• Citation: (2004), 257 N.S.R.(2d) 20 (SmCl),2004 NSSM 45,257 NSR(2d) 20,(2004), 257 NSR(2d) 20 (SmCl),257 N.S.R.(2d) 20
• Date: 31 May 2004
• Court: Small Claims Court of Nova Scotia (Canada)

Parsons v. 500 Ventures Ltd. (2004), 257 N.S.R.(2d) 20 (SmCl);

    820 A.P.R. 20

MLB headnote and full text

Temp. Cite: [2007] N.S.R.(2d) TBEd. AU.039

Portia A. Parsons (appellant) v. 500 Ventures Ltd. (respondent)

(Claim No. SCCH 220613; Residential Tenancies File No. H04-19,108; 2004 NSSM 45)

Indexed As: Parsons v. 500 Ventures Ltd.

Nova Scotia Small Claims Court

Thompson, Adjudicator

June 2, 2004.

Summary:

A tenant appealed a decision of the Director of Residential Tenancies refusing to set aside a notice to quit for vacant possession from her landlord.

An Adjudicator of the Nova Scotia Small Claims Court allowed the appeal and set aside the notice to quit.

Landlord and Tenant - Topic 6668

Termination, forfeiture and reentry - Notice to quit - Nullification of - A tenant, whose son was experiencing asthma, complained to her landlord about the flooring and mildew in her apartment - The landlord did not agree with the complaints - About one year later, the landlord gave the tenant a notice to quit - The Director of Residential Tenancies refused to set aside a notice to quit - The tenant appealed - An Adjudicator of the Nova Scotia Small Claims Court allowed the appeal and set aside the notice to quit under s. 20 of the Residential Tenancies Act - The adjudicator concluded that the landlord gave the tenant the notice to quit in retaliation for the tenant's good faith complaint - A tenant had a right under the Act to have premises that were maintained in a good state of repair and fit for habitation.

Landlord and Tenant - Topic 6671

Termination, forfeiture and reentry - Notice to quit - Validity of - [See Landlord and Tenant - Topic 6668 ].

Statutes Noticed:

Residential Tenancies Act, R.S.N.S. 1989, c. 401, sect. 20 [para. 4].

Counsel:

Portia A. Parsons, appeared in person along with Dalhousie Legal Aid students Megan Leslie and Zureen Kazmi;

Gary Saunders, appeared on behalf of 500 Ventures Ltd.

This appeal was heard on May 31, 2004, before Thompson, Adjudicator, of the Nova Scotia Small Claims Court, who rendered a decision on June 2, 2004 and issued the following revised decision on August 23, 2007.