Dartmouth family must leave rental unit after Supreme Court overturns previous decision
A recent decision by a Nova Scotia Supreme Court judge has sparked controversy over the rights of property owners and tenants in the province. The case involves Carlo and Loretta Simmons, who sought to reclaim their duplex in Dartmouth, N.S., in order to accommodate their daughter. The family of six currently residing in the unit has rented it for over a decade, but the landlords were determined to make the space available for their children.
After an appeal hearing, Justice John Keith ruled in favor of the Simmons, stating that they had followed the province’s Residential Tenancies Act in their decision to evict the current tenants. The lower court had previously denied their request, citing concerns about disrupting the family’s living arrangements and the shortage of affordable housing options in the area.
In his decision, Keith emphasized the landlords’ “good-faith requirement” under the act, allowing them to take possession of the unit for themselves or their family members. He criticized the lower court’s interpretation of the law, stating that it skewed the balance between landlord and tenant rights in favor of the tenant.
The Simmons had always intended to keep the duplex within the family, with plans for their daughters to utilize the space. Their lawyer, John Boyle, argued that the additional tests imposed by the lower court were unwarranted and not in line with similar cases across the country.
On the other side, the tenants, a family of six, expressed disappointment with the ruling and acknowledged the challenges they face in finding suitable housing. Nova Scotia Legal Aid, representing the tenants, raised concerns about the lack of consideration for the housing crisis in the region and called for potential legislative changes to address such issues.
Rental Housing Providers Nova Scotia, a group advocating for property owners, welcomed the court’s decision, emphasizing the rights of landlords to access their properties in a fair and reasonable manner. The judge granted the Simmons an order for the tenants to vacate the unit by August 1, allowing them sufficient time to secure alternative housing.
Overall, the case highlights the complex dynamics between landlords and tenants in Nova Scotia and raises questions about the interpretation of tenancy laws in the province. As the debate continues, it is essential to strike a balance between the rights of property owners and the needs of tenants in a challenging housing market.
