Halifax Tenant Wins $13,000 After Illegal Renoviction
HALIFAX — A Halifax tenant has won a major victory in court over a renoviction that happened in 2022. Nova Scotia Small Claims Court awarded Brandy McGuire more than $13,000 in compensation from Bluenose Inn and Suites.
The court decision upholds a ruling made by the director of Residential Tenancies back in August.
The case tested some recent laws that the provincial government introduced concerning a tenant’s rights when facing renoviction. Dalhousie Legal Aid, which represented McGuire through the legal proceedings, is calling it a landmark decision.
“This significant compensation in a case where a landlord failed to comply with the requirements of the Act regarding renovictions is a landmark win for tenants,” said Katie Brousseau, a community legal worker, in a news release. “Owners and developers of large properties in Halifax, like the owners of the Bluenose Inn and Suites, have a responsibility to follow the law and when they don’t, they should understand that there are legislated penalties.”
McGuire, an IT student at NSTC, lived at Bluenose between 2020 and 2022 with her partner and four children. The building is past its prime and needs to be replaced. McGuire, who paid $1,400 for her room and kitchenette, complained of poor (or sometimes non-existent) internet service, problems with water pressure, and rodent infestations.
In an interview with Huddle, McGuire says the past 11 months have been stressful but that the fight was worth it.
“I’m a student. I already have a heavy load to begin with. It’s hard just juggling all the pressure around fighting [the case] and trying to keep up with my studies, trying to graduate. I have three kids with disabilities and it’s a lot of stress that’s on my plate right now, but it’s worth the fight.”
McGuire said there were times she felt like giving up the legal battle for compensation but felt it’s important for tenants to establish their rights.
“There’s been many times I didn’t want to do this fight. But then I realized someone does have to do the fight.”
“And if we’re not going to fight, it could be our kids who have to. Eventually, our kids are going to want to be out on their own. It’s not a fight I want them to have.”
The dispute between landlord and tenant began on March 1, 2022, when Bluenose management gave tenants a notice they had to leave within 60 days. The notice said the owners were going to “retire” the building.
In a press release at the time, Dalhousie Legal Aid noted that Nova Scotia’s rules on renovictions say tenants must be given three months’ notice if they’re being evicted. The law, implemented by the province on March 21, also mandates one-to-three months’ compensation for tenants.
When Bluenose gave its notice to tenants on March 1, there was still a complete ban on renovictions in Nova Scotia, stemming from the Covid-19 pandemic. On April 27, a new notice went to tenants asking them to be out by July 31 instead.
McGuire did eventually leave Bluenose and found a new place to live. But her new, bigger home, costs $2,100 a month plus utilities. This is a factor that would contribute to her compensation by the courts.
In the director’s decision (upheld by the court), McGuire is entitled to three months’ worth of the rent she was paying at Bluenose, which equals $4,200. She also will receive $1,400 for expenses.
“I take no issue with such an award given all the stress and inconvenience to the tenant…” wrote the court’s adjudicator Eric Slone.
The court also agreed that McGuire was also due compensation for a portion of the higher rent she now must pay since being evicted. She was given $7,000 from Residential Tenancies, although McGuire asked for $16,387, which was her additional rent plus utilities.
Slone upheld the $7,000 amount even though the director of Residential Tenancies gave the amount “without any explicit justification.”
Another major expense McGuire was awarded compensation for was internet. Since Bluenoses’ internet was unreliable, McGuire paid for her own Purple Cow hookup for three months. For this, she is owed $731.
John Ghosn is one of the landlords for Bluenose. In the court documents, he is listed as a 25 percent partner through his company Enqore Developments.
Huddle tried to reach Ghosn at his office but he was not available. But he spoke to Huddle last year and denied what he was doing was a “renoviction.”
“We’re not renovating, we’re not demolishing right now; there’s no permits applied for. There’s nothing going on but an old property that’s no longer habitable.”
In his written decision, however, Slone ruled that procedure was broken in the way Bluenose handled the eviction.
“It is also clear that the landlord failed entirely to follow the procedure of obtaining the tenant’s written agreement to the termination or seeking an order of the director. It follows that I must therefore consider, as did the Residential Tenancies Officer, what relief is available to the tenant.”
The court also notes that, as of January, 2023, there are still “a few tenants” residing at Bluenose. Enqore’s website shows that there is long-term plans to redevelop the site into 105 new units along with commercial space.
Derek Montague is a Huddle reporter in Halifax. Send him your feedback and story ideas: [email protected].