Simmons Appeal Decision Released
The Simmons Appeal Decision, which overturns the Nova Scotia Small Claims Court ruling, has been released. Justice John A. Keith delivered a clear and thoughtful judgment, emphasizing that adjudicators must base their decisions strictly on the regulations outlined in the Residential Tenancies Act. He highlighted the importance of avoiding unrelated considerations in their rulings.
Justice Keith also noted that section 10 of the Residential Tenancies Act was amended in 2010 to “move the equilibrium point somewhat in the tenant’s favour and reset the statutory balance of power.” This conclusion directly challenges claims by certain MLAs and activists that the system is inherently biased in favour of landlords.
The decision can be downloaded at: Simmons v. Burglund, 2024 NSSC 400. Original CBC News report: Court ruling prevents Dartmouth landlords from moving family out to move daughter in
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