SUPREME COURT OF Nova Scotia
Citation: Roumeli Investments Ltd. v. Gish, 2017 NSSC 125
Date: 20170524
Docket: Hfx No. 455391
Registry: Halifax
Between:
Roumeli Investments Limited
Plaintiff
v.
Elliot Gerald Gish, Amy Ryan
Defendants
Library Heading
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Judge: |
The Honourable Justice Ann E. Smith |
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Heard: |
May 4, 2017, in Halifax, Nova Scotia |
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Written Decision: |
May 24, 2017 |
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Subject: |
Summary Judgment on Pleadings
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Summary: |
The Plaintiff landlord sued the Defendant tenants in negligence, alleging that the tenants caused a fire in the residential unit they rented from it as owner. The Plaintiff did not file an application for resolution of its dispute with the tenants within the one-year time period allowed by the Residential Tenancies Act, RSNS 1989, c. 401. The Plaintiff alleged that the Supreme Court had concurrent jurisdiction with the Director of Residential Tenancies to hear and determine the matters raised in its action.
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Issues: |
Does the Director of Residential Tenancies have exclusive jurisdiction over the matter such that summary judgment on the pleadings should be granted? |
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Result: |
Residential landlord and tenants disputes fall within the original, exclusive jurisdiction of the Director of Residential Tenancies pursuant to the Residential Tenancies Act. Summary judgment on the pleadings granted pursuant to Civil Procedure Rule 13.03(1)(b) and (2).
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