MILNER’S ALOHA MOBILE HOME PARK (1998) LTD v JENKINS, 2014 ABQB 229
MASTER ROBERTSON
1.4: Procedural orders
Case Summary
The Plaintiff landlord commenced an Action against a tenant for the termination of the tenancy as well as Judgment for rental arrears. The landlord had tripled the rent; he then claimed that the full amounts were never paid and that rental arrears had therefore accrued. Master Robertson considered the evidence before the Court regarding the increase in rent and the arrears, holding that the rental increase was in reality “a notice… to terminate a periodic tenancy” and was not for a proper reason. The notice of the rent increase was therefore of no effect. Master Robertson cited Rule 1.4(2)(g) and held that the Court was authorized to give advice including providing guidelines and making proposals, suggestions and recommendations. Master Robertson made six recommendations with respect to the conduct of the landlord and tenant towards one another. Master Robertson emphasized that the six recommendations were not Orders, but that they could be explained further at the parties’ request.
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