Claim No: 281119
Date:20070727
IN THE SMALL CLAIMS COURT OF NOVA SCOTIA
Cite as: Vallée v. Balsom, 2007 NSSM 57
BETWEEN:
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Stephanie Vallée |
Claimant |
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Larissa Balsom |
Defendant |
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Revised Decision: The text of the original decision has been revised to remove addresses and phone numbers of the parties on September 19, 2007. This decision replaces the previously distributed decision.
ORDER AND DECISION
(1) This proceeding was heard on June 19, 2007.
(2) The Claimant, Stephanie Vallée (Vallée), is seeking payment of $1,054.52 from the Defendant, Larissa Balsom (Balsom).
(3) Both parties were sworn and gave evidence.
(4) Vallée’s father owned a home in Porters Lake. In 2005, Balsom spoken with Vallée and it was agreed that Balsom would move into the home.
(5) There is a dispute concerning the amount of rent which Balsom was to pay to Vallée. According to Vallée, the agreement was that originally there was no formal rent payment, however, Balsom would pay for the utilities and put some money into maintaining the property, including painting and other repairs.
(6) According to Balsom, the arrangement was that she would pay $500.00 per month and look after some repairs. Balsom testified that funds were also withdrawn from her account each month and applied towards the power bill which was on a budget plan.
(7) In the month of March 2006, Vallée moved into the home and, according to her evidence, the agreement changed such that Balsom would still be responsible for the power bill but also pay $100.00 per month rent and purchase groceries.
(8) Balsom obtained employment in the month of April 2006, and a dispute arose concerning the amount of rent that she would have to pay. As the parties were unable to make arrangements, Balsom was told to leave in June 2006.
(9) Vallée now seeks payment of the outstanding power bill from Balsom as the payments being applied to the budget plan did not cover the actual cost of the power bill. According to the evidence, the balance of the power bill was $1,054.52 as of the billing date July 20, 2006. According to Vallée, Balsom left the property on July 11, 2006. According to Balsom, she left in the first week of July 2006.
(10) There is an issue concerning the jurisdiction of the Court with respect to this claim.
(11) Section10(d) of the Small Claims Court Act provides as follows:
“10 Notwithstanding Section 9, no claim may be made under this Act
(d) which involves a dispute between a landlord and a tenant to which the Residential Tenancies Act applies, other than an appeal of an order of the Director of Residential Tenancies made pursuant to Section 17C of that Act; or”
(12) If this claim, therefore, involves a dispute between a landlord and a tenant to which the Residential Tenancies Act applies, then this Court has no jurisdiction.
(13) The Residential Tenancies Act provides in Section 3 as follows:
“3 (1) Notwithstanding any agreement, declaration, waiver or statement to the contrary, this Act applies when the relation of landlord and tenant exists between a person and an individual in respect of residential premises.
(2) For the purposes of subsection (1), the relation of landlord and tenant is deemed to exist in respect of residential premises between an individual and a person when an individual
(a) possesses or occupies residential premises and has paid or agreed to pay rent to the person;
(b) makes an agreement with the person by which the individual is granted the right to possess or occupy residential premises in consideration of the payment of or promise to pay rent;
(c) has possessed or occupied residential premises and has paid or agreed to pay rent to the person. R.S., c. 401, s. 3.”
(14) A “tenant” is defined in Section 2(j) of the Act as follows:
“(j) "tenant" includes an individual who is deemed to be a tenant and an individual who is a lessee, occupant, subtenant, under-tenant, and his or their assigns and legal representatives;”
(15) “Landlord” is defined under Section 2(b) as follows:
“(b) "landlord" includes a person who is deemed to be a landlord, a lessor, an owner, the person giving or permitting the occupation of premises and his and their heirs and assigns and legal representatives;”
(16) Black’s Law Dictionary provides the following definitions:
“SUBTENANT. An under-tenant; one who leases all or a part of the rented premises from the original lessee for a term less than that held by the latter. Forrest v. Durnell, 86 Tex. 647, 26 S.W. 481; Peak v. Gaddy, 152 Okl. 138, 3 P.2d 1042, 1043.”
“UNDER-TENANT. A tenant under one who is himself a tenant; one who holds by under-lease. See, also, Under-Lease.”
(17) In this case, whether the amount of rent being paid each month was $100.00 or $500.00 or in the form of some other benefit or benefits is immaterial to the jurisdictional issue. The fact is that rent was being paid by Balsom to Vallée. Rent is defined in the Residential Tenancies Act at paragraph 2(g) as follows:
“(g) "rent" means money or other value payable in consideration of the right to possess or occupy residential premises;”
(18) An agreement by Balsom to pay the power bill constitutes an agreement to pay rent since it would constitute an amount paid in consideration of the right to occupy the premises.
(19) Although the rent was not being paid to the owner of the premises, I find that Vallée was a person giving or permitting the occupation of the premises and, therefore, falls under the definition of landlord in the Residential Tenancies Act. Balsom falls under the definition of tenant as she occupied the premises.
(20) Based on the above, I find that the nature of the agreement between the parties was one of landlord and tenant and, as such, the dispute in question involves a dispute between a landlord and a tenant and is beyond the jurisdiction of this Court as such disputes are specifically excluded under Section 10(d) of the Small Claims Court Act.
(21) Accordingly, I dismiss the claim on the basis that this Court has no jurisdiction to hear it.
Dated at Dartmouth, Nova Scotia,
on July 27, 2007. ______________________________
Patrick L. Casey, Q.C., Adjudicator
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