Ramsay v. Reit, 2005 NSSM 5

Court:Small Claims Court of Nova Scotia
Case Date:November 22, 2005
Jurisdiction:Nova Scotia
Citations:2005 NSSM 5;(2005), 241 N.S.R.(2d) 68 (SmCl)
 
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Ramsay v. Reit (2005), 241 N.S.R.(2d) 68 (SmCl);

    767 A.P.R. 68

MLB headnote and full text

Temp. Cite: [2006] N.S.R.(2d) TBEd. MR.015

Wayne E. Ramsay (appellant) v. Cap Reit (respondent)

(S.C.C.H. 258160; 2005 NSSM 5)

Indexed As: Ramsay v. Reit

Nova Scotia Small Claims Court

Giles, Chief Adjudicator

November 25, 2005.

Summary:

A landlord applied to the Director of Residential Tenancies for an order that the tenant was obligated to pay past due rent and surrender vacant possession of the premises. The Director mediated a settlement which required the tenant to pay the landlord $7,000 by the end of October 2005. The tenant made payments, but was still $600 short on October 31, 2005. A Residential Tenancy Officer found that the tenant was in default of the settlement agreement and was more than 30 days in arrears of rent and ordered that the landlord be given vacant possession. The tenant appealed, relying on his financial and medical circumstances, stating that he would pay the $600 at the end of November 2005.

The Nova Scotia Small Claims Court dismissed the appeal.

Landlord and Tenant - Topic 3846

Rent - Payment of rent - Grounds for nonpayment - [See Landlord and Tenant - Topic 7024 ].

Landlord and Tenant - Topic 6606

Termination, forfeiture and reentry - Eviction - Writ or order for vacant possession - [See Landlord and Tenant - Topic 7024 ].

Landlord and Tenant - Topic 7024

Regulation - Powers of board or officers (incl. rentalsman) - Respecting rent - A landlord applied to the Director of Residential Tenancies for an order that the tenant was obligated to pay past due rent and surrender vacant possession of the premises - The Director mediated a settlement which required the tenant to pay the landlord $7,000 by the end of October 2005 - The tenant made payments, but was still $600 short on October 31, 2005 - A Residential Tenancy Officer found that the tenant was in default of the settlement agreement and was more than 30 days in arrears of rent and ordered that the landlord be given vacant possession - The tenant appealed, relying on his financial and medical circumstances, stating that he would pay the $600 at the end of November 2005 - The Nova Scotia Small Claims Court dismissed the appeal - While the tenant had been the victim of difficult circumstances, there was no form of "fairness provision" in the Residential Tenancies Act or in the common law which permitted an extension of the type sought by the tenant - There was no statutory or common law authority which could result in forbearance of rents due by a tenant who was financially or physically disabled.

Counsel:

None disclosed.

This appeal was heard on November 22, 2005, before Giles, Chief Adjudicator, of the Nova Scotia Small Claims Court, who delivered the following decision on November 25, 2005.

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