Court of Appeal

Decision Information

Decision Content

Date:  19970520                                                                               Docket:  CA 133519

 

 

 

                                              NOVA SCOTIA COURT OF APPEAL

 

                          Cite as: Silver v. Realco Management Ltd., 1997 NSCA 101

 

                                              Roscoe, Bateman and Flinn, JJ.A.

 

 

 

 

 

BETWEEN:                                                                                      )

)

ROBERT L. SILVER                                                             )           Appellant appeared

)           in person

Appellant                    )

)

- and -                                                                                                )

)

REALCO MANAGEMENT LIMITED                                              )           William L. Ryan, Q.C.

)           for the Respondent

Respondent               )

)

)

)

)

)           Appeal Heard:

)           May 20, 1997

)

)

)

)           Judgment Delivered:

)           May 20, 1997

 

 

 

 

 

 

 

 

THE COURT:           The appeal is dismissed without costs per oral reasons for judgment of Roscoe, J.A.; Bateman and Flinn, JJ.A., concurring.

 

The reasons for judgment of the Court were delivered orally by:

ROSCOE, J.A.:


This is an appeal from a decision of Justice M. Jill Hamilton of the Supreme Court dismissing a notice of objection from a report of the Residential Tenancies Board dated September 3, 1996.  There was a further report and recommendation of the Board dated February 3, 1997 respecting moving and storage costs of the appellant's furniture.  That matter was not appealed to the Supreme Court and is, therefore, not properly before this Court.

Having considered the materials filed and the submissions made on behalf of the parties, we have concluded that there has been no error of law made by the Residential Tenancies Board or Justice Hamilton in concluding that the tenant had breached the lease agreement by failing to pay the rent on the first of each month.

The appeal is therefore dismissed without costs.

 

 

 

Roscoe, J.A.

 

Concurred in:

Bateman, J.A.

 

Flinn, J.A.

 

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