Claim No. SCAM 435786
IN THE SMALL CLAIMS COURT OF NOVA SCOTIA
Cite as: Lake v. Dow, 2015 NSSM 4
Between:
James A. Lake & geraldine M. lake aPPELLANTS
- and –
sHARON a. DOW
RESPONDENT
ADJUDICATOR: David TR Parker QC
HEARD: February 11, 2015
DECISION: February 12, 2015
DECISION
This was an Appeal from a decision of the Director of Residential Tenancies dated January 20, 2015 and being file number 201404423.
The director’s order referenced above emanated from a mediated settlement dated December 8, 2014. The appellant’s had some concern about the director’s order of January 20, 2015 and how it could come about when the director was unaware of all the evidence which took place when Dan MacKay mediated the settlement between the parties. Both the appellants and the respondent signed the mediated settlement and agree to same. The mediated settlement dated December 8, 2014 clearly stated that if the terms of the agreement are not fulfilled then the respondent/landlord may seek an order for termination of tenancy and vacant possession of the rental unit. That is in fact what occurred.
While part of the mediated settlement was complied with by the appellants’ it was not fulfilled by them in its entirety. That is to say there was no payment of January month’s rent nor was there payment of February month’s rent. The appellant, Mr. Lake acknowledged that he owed the respondent/landlord $750.00 for January’s rent and $750.00 for February’s rent.
Mr. Lake indicated that he had a counterclaim as well against the landlord. This counterclaim was for garbage removal $960.00, snow removal of $750.00 and $96.30 for the cost of making the appeal application. With respect to the garbage removal and the snow removal the respondent Mr. Lake provided the court with the lease which clearly states that the he would be responsible as a tenant for garbage removal and shoveling off the walkway (steps). Further even if this was part of the obligations of the landlord/respondent there is insufficient evidence to quantify the costs related to those 2 items except through hearsay evidence. There were no bills or invoices to the respondent/landlord nor was there a claim for this throughout the tenure. It is mere puffery to try and support and unsupportable claim at this juncture.
Mr. Lake also complained that there were serious deficiencies including electrical with respect to the premises but there was nothing provided to the court to substantiate these claims.
Mr. Lake indicated that he was going to give his notice to quit the premises to the landlord. With respect to that, a Notice to Quit will not be necessary as I am ordering the appellants to vacant the premises by the end of February. I am picking that date simply because the landlord consented to same.
ORDER
It Is Hereby Ordered the appellant’s James A. Lake and Geraldine M. Lake pay the landlord Sharon A. Dow $1500.00 and It Is Further Ordered that the tenancy is terminated as of February 28, 2015 and the tenants and any occupants vacate the premises 9 Christie St. apartment B , Amherst, Nova Scotia on or before Saturday. February 28, 2015.
Dated at Amherst Nova Scotia this 12th day of February 2015
__________________________
David T.R. Parker QC
Adjudicator of the Small Claims
Court of Nova Scotia