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Lyle Mailman and Eloise Graves stand outside of an Access Nova Scotia in Halifax on Nov. 20, 2024. (Jacob Moore/Acadia Broadcasting)

Nearly 100 people file to get money back from landlord after recent court ruling

By Jacob Moore Nov 21, 2024 | 3:08 PM

Nearly 100 renters are hoping a recent small claims court ruling could get their money back.

Dalhousie Legal Aid filed on behalf of 91 tenants of Westphal Court Ltd. to get back the money some tenants spent on water bills and water submetering equipment.

“I don’t like bullies in my community. I don’t like my friends, my family and my former students being taken advantage of. I don’t like it,” said Lyle Mailman, who advocates for many people in the Woodbine Mobile Home Park, which is owned by Westphal.

Mailman used to live in the Woodbine Mobile Home Park, which is owned by Westphal Court Ltd., but he’s no longer a tenant and lives across the street. That helps him advocate for the tenants without worrying about any possible repercussions.

A small claims court recently ruled that Eloise Graves and Nicole Herd were unlawfully charged for water bills and water submetering equipment at the Woodbine Mobile Home Park.

Graves said that court ruling has given a lot of other tenants the courage to speak out against the fees they paid. She said it isn’t right.

“You can’t have these different classes of people, people who pay for water, people who never paid for water, people who bought [a home], but because their home had a meter, now they pay for water, or people who bought, but their home didn’t have a meter, so they don’t,” said Graves.

Graves was glad to get the verdict and to see so many others apply to get their money back.

Dalhousie Legal Aid has been helping the 91 tenants file for their money back.

Mark Culligan, a community legal worker with Dalhousie Legal Aid, stands in front of an Access Nova Scotia in Halifax on Nov. 20, 2024. (Jacob Moore/Acadia Broadcasting)

Mark Culligan is a community legal worker with the service. He said what’s worse is that Westphal is re-selling water from Halifax Water to people at some of their mobile home parks.

“I think the turnout that we’ve seen from tenants shows that for many people, this isn’t just about the money. This is about being wronged, and not taking that, standing up and fighting back,” said Culligan.

Culligan, Graves and Mailman all suggested there should be some sort of residential tenancies enforcement and compliance division to help tenants enforce their rights.

Culligan said the water bills and submetering charges from Westphal really highlight this.

“This is a case in point, an example where there’s a long standing practice that affects hundreds and hundreds of people. And it’s just been so hard for tenants to get justice, because the process is so cumbersome when it affects so many people,” said Culligan.

“So we need government support and government enforcement to stop abuses like this from happening in the future.”