By: Jonnette Watson Hamilton
Case Considered: Hometime Property Services Ltd v Girumnesh, 2022 ABPC 172 (CanLII)
PDF Version: Who is Responsible for Damage to Rental Premises Caused by Mouse Infestations – and Why?
The plaintiff, a corporate landlord, sued the defendant, their former residential tenant, for almost $8,000 in damages plus costs, claiming the rental premises were infested with mice when the tenant vacated. The damages were for exterminating the mice and restoring the premises to their pre-infestation condition. The tenant, who was served personally with the landlord’s civil claim, did not file a dispute note and was noted in default. Because they were noted in default and the claim was heard in Provincial Court, the tenant was deemed to have admitted the facts that were alleged in the landlord’s civil claim. Nevertheless, the landlord lost; their claim was dismissed in its entirety. Why that happened is worth taking note of.