SCCH 445571
IN THE SMALL CLAIMS COURT OF NOVA SCOTIA
Cite as: Gray v. Metropolitan Regional Housing Authority, 2015 NSSM 49
BETWEEN
Brenda Gray APPELLANT
-and
Metropolitan Regional Housing Authority RESPONDENT
Adjudicator: David TR Parker QC
Heard: December 10, 2015
Decision: December 11, 2015
DECISION AND ORDER
1. Following a hearing of the matter by way of a trial de novo it was determined that the Director’s Order be confirmed. The reasons for this are as follows. The appellant lived in residential premises which were infested with bedbugs. The appellant initiated a request to have pest control come in and deal with bedbugs in her apartment or unit. However on several occasions she refused to cooperate with the respondent in that she would not have her unit prepared to allow the pest control people to deal with the situation. There has to be some onus on the tenant to ensure there unit is clean and prepared for the inspectors to spray the unit. The appellant was aware of this yet did not comply on several occasions. The respondent has a protocol in place to deal with bedbugs which are a serious issue it would appear in the Halifax area, particularly with low income housing units which these are. The reasons for this are unknown.
2. For these reasons the appellant will not succeed in her request to have her items replaced due to the bedbug infestation. Nor is there sufficient evidence in any event before this court that the items in question were damaged as a result of bedbugs. The court would require sufficient evidence from some knowledgeable person in this area in order to draw that conclusion.
It Is Therefore Ordered That the Director’s Order dated November 13, 2015 and being file number 201503090 is hereby confirmed.
Dated at Halifax December 11, 2015