CCI Rentals v Wentz
CCI Rentals
Law Firm / Organization
Not Specified
Lawyer(s)

Kay Adebogun

Miranda Wentz
Law Firm / Organization
Unrepresented
Director of the Office of Residential Tenancies
Law Firm / Organization
Unrepresented

Background:
CCI Rentals appealed a decision under The Residential Tenancies Act, 2006, where a hearing officer awarded Miranda Wentz $1,079.84 in damages. The dispute arose from errors in calculating rent rebates and the hearing officer's failure to set off rent arrears owed by Wentz to CCI Rentals.

Key Legal Issues:

  1. Rent Calculation Error:

    • The hearing officer based the rebate calculation for lack of heat during winter on a $2,000 monthly rent, though the applicable rent was $1,650.
    • This resulted in a miscalculation of damages. The court corrected this, awarding Wentz $712.50 for lack of heat instead of $800.
  2. Failure to Apply Set-Off:

    • CCI Rentals argued that Wentz's damages award should be set off against $1,700 she owed under a prior eviction decision, which included rent arrears and filing fees.
    • The court determined that the hearing officer erred in not applying statutory or equitable set-off, as both claims arose from the same tenancy dispute.

Outcome:
The court reduced the damages owed to Wentz to $992.34, applied the set-off, and determined that Wentz owed CCI Rentals $707.66.

Total Award:

  • In favor of CCI Rentals: $707.66, reflecting the difference after applying the set-off.
    The court allowed the respondent to pay this amount to either the Director of Residential Tenancies or directly to CCI Rentals.
Court of King's Bench for Saskatchewan
KBG-RG-02183-2024
Civil litigation
$ 708
Appellant