Basadinaa Roperty Management Ltd. v Acoose
Basadinaa Property Management Ltd.
Law Firm / Organization
MLT Aikins LLP
Lawyer(s)

Callie L. Schwartz

Amber Acoose
Law Firm / Organization
Self Represented
The Director of The Office of Residential Tenancies
Law Firm / Organization
Unrepresented
The Attorney General for Saskatchewan

Background:
Basadinaa Property Management Ltd. (Landlord) and Amber Acoose (Tenant) disputed a rental agreement for a property on the Zagime Anishinabek First Nation reserve. The tenant stopped paying rent in June 2022, despite arrears and eviction notices. The Office of Residential Tenancies (ORT) dismissed the landlord’s claim, citing lack of jurisdiction over reserve land. The landlord appealed and sought remedies under the King’s Bench Rules.

Legal Issues and Arguments:
The landlord sought a writ of possession and unpaid rent under Rule 10-28 of the King’s Bench Rules, bypassing The Residential Tenancies Act, 2006 due to jurisdictional limitations. The tenant offered no credible explanation for withholding rent. The court affirmed its jurisdiction to enforce possession rights on reserve land, referencing cases like Standing Buffalo Dakota First Nation v. Yuzicappi. A separate appeal to challenge the ORT decision was adjourned due to potential mootness.

Judgment:
The court issued a writ of possession to Basadinaa Property Management Ltd., effective 15 days after serving the order. It awarded $18,200 in unpaid rent (26 months) and $700 in costs against Amber Acoose.

Court of King's Bench for Saskatchewan
KBG-YT-00016-2024
Real estate
$ 18,900
Applicant