June 9, 2025
Two Beaver Bank Nova Scotia residents, Nicole Herd and Eloise Graves, have successfully challenged the water metering of Westphal Court Ltd.
They had first filed a Residential Tenancy Hearing when Policy 45 on Water Meters was issued in March 2023. That policy stated installing water meters on Land Lease Community homes went against the Residential Tenancy Act, but did not include homes with the meters installed.
https://beta.novascotia.ca/sites/default/files/documents/1-3541/water-meter-installation-land-lease-communities-policy-45-residential-tenancies-en.pdf
Their Tenancy Hearing was dismissed and they sought assistance from Nova Scotia Legal Aid for a Small Claims Court Appeal.
In Small Claims Court, Nicole and Eloise were both successful and were awarded cost on meter/reader installation, billing, removal and any damages caused in removal. The Adjudicator also ruled that :
[71] I also find that the Policy, in excluding a specific class of tenant from a remedy (those having water meters) from the correct interpretation of the Act, is in violation of the RTA, and that that portion is of no effect as a result.
https://decisions.courts.ns.ca/nsc/nssm/en/item/522655/index.do
Westphal Court Ltd. filed an appeal to The Supreme Court of Nova Scotia, that the small claims court adjudicator had made errors in law. Policy 45 should be legally binding, therefore residents with water meters installed should continue to be billed.
The Nova Scotia Supreme Court dismissed the Appeal :
"[31] The appeal is dismissed with costs, as prescribed in the Small Claims Court regulations, to the respondents. There should be two orders prepared by respondents' counsel, one for each respondent."
https://decisia.lexum.com/nsc/nssc/en/item/523096/index.do