TENANT HEARING STATEMENT
In the
Matter of: The Residential Tenancies Act of Nova Scotia
Hearing Date: July 16
Landlord: Kevin Poirier
Tenant: Gary LeDrew
Rental Address: 235 Alexandra Street, Apartment #17, Sydney, NS
1.
Introduction and Tenant Status
My name is
Gary LeDrew. I am 84 years old and a proud Veteran of the Canadian Armed
Forces. I have resided peacefully in Apartment #17 at 235 Alexandra Street for
twelve (16) consecutive years. Over more than a decade of tenancy, I have
maintained an unblemished record. Prior to the current landlord's recent
actions, no official complaints have ever been sustained against me by
adjoining tenants.
I am a
high-needs individual with severe, fully documented medical disabilities. These
include a severe hearing impairment, chronic insomnia, a fluctuating mobility
impairment, and Atrial Fibrillation (AFib). Recognizing the severity of my
health conditions, Veterans Affairs Canada (VAC) fully assesses my situation
and invests $30,000 annually in professional home support services to ensure I
can live independently in this specific unit.
2.
Resolution of Television Volume and Insomnia
The
landlord’s primary complaint concerns my television volume. Due to severe,
chronic insomnia related to my age and medical conditions, I watch television
through the night. I do not play the television at an unreasonable volume; I
listen to it at what would be considered a normal, standard level for any
average household.
To
completely resolve any friction with my downstairs neighbour and eliminate any
noise transmission, I am now using a wireless audio headset. Because the
audio now streams directly into my ears, there is absolutely zero noise or
television sound leaving my apartment at night.
Regarding a
single past television noise incident: my hearing aids were away for vital
manufacturer repairs, and I temporarily lacked a headset. I accidentally fell
asleep, and when local police non-emergently knocked on my door, I immediately
adjusted the volume. The responding officers fully understood my medical
context. This was an isolated, accidental event directly linked to a profound
health disability. It has been permanently resolved by my adoption of the
headset, and it does not constitute legal grounds for eviction.
3. Systemic
Infrastructure Flaws vs. Tenant Movement
The
flooring system at 235 Alexandra Street is structurally deficient, remarkably
thin, and entirely lacks modern acoustic insulation. Over my 12-year tenancy, I
have clearly heard normal conversations and domestic activity from previous
downstairs tenants. This uninsulated floor system acts as an amplifier,
translating standard daily movements into loud creaks, squeaks, and floor
bounces.
I have
mobility issues I use a cane and the administration told I should walk almost
on tip toe. When I am walking in my apartment I am afraid of falling and I have
to walk stiff legged. And often have to steady myself by touch walls or
furniture. Because my mobility issues are inconsistent, I do not need to use my
walker constantly. However, during periods when my physical health flares up,
using the walker is an absolute medical necessity to prevent catastrophic
falls. Any standard floor impact caused on the days I must use my walker is a
direct result of my physical disability combined with the landlord’s
uninsulated subfloors. This infrastructure issue affects multiple units; at
least half a dozen neighboring tenants experience identical structural noise
transmission through their floors.
4. Human
Rights Act: Duty to Accommodate
Under
Section 5(1) of the Nova Scotia Human Rights Act, landlords have a
strict statutory duty to accommodate a tenant’s physical disabilities and
medical conditions (including age-related hearing loss and insomnia) to the
point of undue hardship. By purchasing and utilizing a headset, I have gone
above and beyond to accommodate my neighbour. The landlord’s continued threat
of eviction despite this complete resolution constitutes targeted harassment
and a failure to accommodate my disabilities.
5. Response
to Alleged Vehicle Violation
The
landlord has cited a single emergency medical event from last year as a warning
violation. During this specific incident, my knee structurally collapsed,
inducing extreme physical pain and triggering a severe, dangerous AFib anxiety
flare-up. This specific medical condition creates an urgent, involuntary
gastrointestinal emergency.
To ensure
my safety and get me to my door immediately, my contracted support worker
briefly drove across the grass lawn. The vehicle was immediately relocated to
its designated parking stall the moment I was safely inside my apartment. To
weaponize a single, brief vehicular diversion during an active, severe medical
crisis against an 84-year-old disabled senior lacks human compassion.
6.
Conclusion and Remedy Sought
I have
acted in continuous good faith. I have proactively provided my contact
information to my neighbor to resolve issues amicably, and I have completely
eliminated overnight television noise through headset use.
Normal
everyday movements on uninsulated floors do not constitute a legal breach of
quiet enjoyment under the Nova Scotia Residential Tenancies Act. I
respectfully request that the Residential Tenancies Officer dismiss the
landlord's application for eviction and order the landlord to cease all
targeted harassment.

