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. Submitted By:

 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.

Submitted By: