Cite as: Fairfield v. Metcalfe Realty Company, 1992 NSCO 19 PROVINCE OF NOVA SCOTIA COUNTY OF HALIFAX I NTH E C 0 OF DISTRICT NUMBER BETWEEN: ROBERT AND JOHN FAIRFIELD - METCALFE REALTY COMPANY LIMITED Lyle I. Sutherland, Esq., Counsel for the Appellants. David Connolly, Esq., Counsel for the Respondent. 1992, February 3rd, Robert Fairfield have filed report of the Residential Tenancies as fpund by the Board, Metcalfe Realty Company Limited agreed to rent an apartment to the Fairfie1ds basis. The Fairfie1ds took received, from the Landlord, a package containing the proposed standard form lease to be signed and a Tenancies Act. The Fairfie1ds did not sign the lease. after five mO.lths. The Landlord loss rent. C.H. No.: 74857 U N T Y C 0 U R T
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Appellants and Respondent Bateman, J.C.C.:- John and a Notice of Objection to the Board. On the facts, on a year to year occupation and subsequently copy of the Residential They vacated sought compensation for
The Tenant asserts one month's written notice, as was given. The issue turns on 7 of the Residential Tenancies Act which states: "Copy of Act to tenant 7 (1) No landlord lease or possession residential premises he has provided the or reproduction of this Act without to the tenant within grant, possession or occupancy. Copy of lease to tenant (2) A landlord, to every written tenancy agreement entered into, shall when is initially entered entered into before February, 1985, on thereof, provide lease as prescribed both the landlord and a copy signed and tenant shall be retained by the tenant at the time of the the tenant within ten days thereof. Failure to comply or (2) (3) Where provide a copy or Act in accordance or a copy of a written lease in accordance with subsection (2), the tenant (a) at any the tenant or reproduction Act or the from the 1and1ord~ or - 2 an entitlement to vacate on the interpretation of Section shall grant a or occupancy of to a tenant unless tenant with a copy cost ten days of such with respect the tenancy agreement into, or if it is the first day of the anniversary date the standard form of by regulation for and tenant to sign by both the landlord signing or given to with subsection (1) a landlord fails· to reproduction of this with subsection (1) time before receives a copy of this written lease
- (b) within one the tenant receives or reproduction Act or the from the landlord, may give notice to the tenant will quit premises on a specified period of three months notice is given. (4) A tenant in trust to the board until the landlord provides the tenant copy of the lease reproduction of this Act. Acknowledgment of receipt of copies (5) When an executed copy of or reproduction of this Act, may request the tenant acknowledgment that received. Information to tenant ( 6 ) The landlord the tenant in writing with (a) the landlord's name; (b) the landlord's address; or (c) the name of a person premises." . The tenants say that a signed copy of the written lease wri tten lease) and, thus, are entitled to month's notice consistent with Section 7(3). they submit, in all oral tenancies, irrespective of the term agreed, tenants may vacate on one month's notice. 3 month after a copy of this written lease the landlord that and deliver up the day within a from the day the may pay the rent with an executed and a copy or a landlord provides the lease or a copy the landlord to execute an the copies have been shall provide and telephone number responsible for the they were not provided with (as there was no signed vacate upon one In other words,
- The Board found that year lease. The statutorily year to year lease is at least anniversary (Section 10(1)). tenant is only entitled to if there is, in fact, a signed written and a signed copy is not provided by the landlord. The tenants submit that the intent of is to encourage written tenancy of doing so is to leave termination by the tenant under does admit of this creative interpretation if the subsections are read disjunctively. It is, statutory interpretation and may be limited by their association with other words. 7 (2), when requiring a landlord signed lease, modifies the circumstances respect to every written tenancy agreement". Section 7(3) provides to vacate where the landlord written lease in accordance with subsection (2)." 4 there was an oral year to required notice period for a three months prior to the The landlord says that the take advantage of Section 7(3) lease in existence the Statute agreements and the method the landlord at risk of early Section 7 (3) . Tne Statute however, both a rule of common sense that general words Section to provide a copy of the by the words "with the tenant with a license has not provided a copy of "a
- I agree with the a tenant's option to vacate is limited to those cases where there is a written lease, a I cannot construe Section 7(3) sUbsections. The tenant raised Objection. The finding of the Tenancy Board that the agreement was for a year to year term is a apparently based upon the Board's assessment of the credibility of the parties. I am not prepared to disturb that finding. The Board did refer to the applicants being estopped from denying the one year term as they the contents of the proposed to a one year term). In my view the Board might have better stayed away from the legal looked at the tenant's failure to object to the term in the lease as further evidence going to their credibility. my decision above it is not this point in any further detail. In summary, then, is dismissed and the report of the Board confirmed. 5 submission of the landlord that copy of which is not provided. in isolation from the other other points in the Notice of finding of fact which is had not objected to written lease (which referred term "estoppel" and, instead, Given necessary for me to consider the objection of the tenants
- As this matter has point which, to my knowledge, previously, in this instancej I will not award costs. 6 raised a rather novel legal has not been considered A he county Court ict Number One
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