Published Apr 14, 2025 • Last updated 9 hours ago • 3 minute readA Small Claims Court of Nova Scotia adjudicator upheld a Feb. 4, 2025, decision by the Director of Residential Tenancies that dismissed the landlord’s application to terminate the tenancy at 124 Rockcliff Crescent in Sydney. Photo by STOCK IMAGEThe Nova Scotia Provincial Housing Agency is not allowed to evict a tenant whose adult son threatened the landlord’s staff and contractors with bear spray.A Small Claims Court of Nova Scotia adjudicator upheld a Feb. 4, 2025, decision by the Director of Residential Tenancies that dismissed the landlord’s application to terminate the tenancy at 124 Rockcliff Crescent in Sydney.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentThe housing agency was seeking to evict tenant Patricia Monaghan, whose son apparently replaced the lock on the two-storey semi-detached house with a non-approved one because he was afraid the landlord could enter at any time with their own key. When the landlord showed up on Dec. 9, 2024, with a contractor to replace the lock as well as a window, the tenant’s son denied them entry and threatened them with bear spray. Police were called and the landlord was able to replace the lock under police supervision.POLICY VIOLATEDProperty manager Kevin Poirier stated the tenant had violated a zero-tolerance policy toward violence under the Residential Tenancies Act. He cited the provision for good behaviour, which states: “Where a tenant poses a risk to the safety or security of the landlord or other tenants … notice of termination may be given to the tenant effective not earlier than five days… after the notice is given.”However, Monaghan testified that her son has a mental disability and other medical issues that affect his behaviour. She said he had been napping on the day the landlord came to change the lock and thought people were trying to break in.Article contentHUMAN RIGHTS ISSUESMonaghan, who has serious mobility issues, said there was also an issue with the landlord giving notice of entry. According to the tenant, she is unable to get to her mailbox on many days so she does not immediately receive notices mailed by the landlord.Noting that the tenancy is highly subsidized and that the tenant has been in the unit for approximately 10 years, the Director of Residential Tenancies found that the son’s mental disability and medical issues caused a one-off episode that was unlikely to be repeated but cautioned that any repeat episode could jeopardize the tenancy.Small Claims Court adjudicator Eric Slone said while he doesn’t dispute that there is policy regarding violence “even zero-tolerance policies must sometimes give way to other considerations,” and that there is no evidence the tenant was aware of such a policy, “which introduces an element of unfairness if it is inflexibly enforced.”HUMAN RIGHTSArticle contentSlone emphasized that human rights considerations must also be taken into account.“The tenant herself is physically disabled, and the son appears to have both physical and mental disabilities. Landlords are under a legal duty to accommodate people with disabilities, and this would apply even more so to public or quasi-public agencies such as the Nova Scotia Provincial Housing Agency,” he wrote in his decision to dismiss the landlord’s appeal.“I do not condone what occurred, but I see it as a wake-up call for all concerned. The landlord is entitled to take all reasonable precautions in the future and would be more than justified in involving social workers or other available agencies in fashioning a safe system for dealing with the tenant and her son.”Slone added that the tenant also needs to take affirmative steps to prevent a similar incident from happening in the future.“The tenant characterized this incident as a perfect storm,” he wrote. “She will have to try to ensure that this type of storm does not occur again, or risks losing her housing, which from all indications would be catastrophic.”Article content
Cape Breton landlord can’t evict public housing tenant over bear spray incident
