What is the legal test for terminating a residential lease for health reasons?

Nova Scotia, Canada


The following excerpt is from B.D. v. Northpoint Properties Limited, 2021 NSSM 31 (CanLII):

In Arab v. M.B., I made it additionally clear that the landlord is not only entitled to know what the problem is with the tenancy, but must be given an opportunity to address the problem and possibly salvage the tenancy: 45 My opposite conclusion (to that of the Residential Tenancy Officer) is based on my belief that the words “unable to continue the lease” (for health reasons) has everything to do with the environment that the residential unit provides. I would not limit this to purely physical problems with the unit. I can imagine where issues like noise or air quality in the neighbourhood might become obstacles to a tenant continuing with a lease, where the tenant’s deteriorating health has made intolerable that which was tolerable at the outset of the lease. As I have also stated in Rossel, where a tenant seeks to rely on this reason for terminating there is a duty to inform the landlord and give them an opportunity to accommodate the new limitation.

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