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RESIDENTIAL TENANCIES - Appointed officials - Powers

Monday, June 10, 2019 @ 9:38 AM  

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Appeal by the tenant from a Small Claims Court decision ordering her to vacate a house and pay arrears of rent. The Director of Residential Tenancies ordered the tenant to vacate a house and pay arrears of rent. The Small Claims Court did likewise but recalculated the arrears. On appeal, the tenant raised as new evidence a “rent to purchase and sale agreement”, saying variously that she forgot about it, could not access the computer account that it was on and thought that the hearings below were only about arrears. She did not explain how the agreement was significant. The agreement set the monthly rent for the house and contemplated that the rent would be factored towards the purchase price of the house “and/or” that the tenant would purchase it when she was financially ready to.

HELD: Appeal dismissed. The tenant could have adduced the agreement at the hearings below by due diligence. There was no basis to think that including the agreement in the record before the Director or the Small Claims Court would have had any impact on their jurisdiction. If the agreement was in effect, the parties were still in a tenancy relationship intermingled with a potential future purchase.

Luke v. Chopra, [2019] N.S.J. No. 189, Nova Scotia Supreme Court, J.M. Arnold J., May 3, 2019. Digest No. TLD-June102019002