Wang v. Chang

Wang v. Chang

The Arbitrator's decision is set aside because he based the outcome on a new determinative legal requirement—that extenuating circumstances must be demonstrated for each reason checked on a two‑reason Notice—without giving the landlord fair opportunity to present evidence on that issue, and he failed to consider s.68 RTA as a possible remedy; the appropriate remedy is remittal to the Residential Tenancy Branch for reconsideration rather than substitution of this court's decision.

Citation
2025 BCSC 1119
Parties
Petitioner: Geyang Wang; Petitioner: Tao Yin; Respondent: Daniel Chang; Respondent: Zongying Zhou
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
17 April 2025
Procedural Posture
Landlord and Tenant Judicial Review of Residential Tenancy Branch Decision / Oral Reasons for Judgment (in Chambers)
Outcome
Arbitrator's decision set aside; Review Arbitrator's decision set aside; matter remitted to the Residential Tenancy Branch for reconsideration; court declines to substitute its decision
Legal Topics
Notice to End Tenancy, S.49(2) RTA, S.68 RTA (amendment of Notice), Procedural Fairness in Administrative Hearings, Patent Unreasonableness, Judicial Review Remittal Vs Substitution
Source Language
English
Residential Tenancy Law Administrative Law Statutory Interpretation Procedural Fairness Notice to End Tenancy S.49(2) RTA S.68 RTA (amendment of Notice) Procedural Fairness in Administrative Hearings +2 more

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Parties

Geyang Wang

Petitioner

Tao Yin

Petitioner

Daniel Chang

Respondent

Zongying Zhou

Respondent

Procedural Posture

Landlord and Tenant Judicial Review of Residential Tenancy Branch Decision / Oral Reasons for Judgment (in Chambers)

Legal Issues

  1. 1 Which decision is the proper subject of judicial review (Arbitrator or Review Arbitrator)?
  2. 2 Whether the Arbitrator breached procedural fairness by raising a new determinative issue without notice and without giving the landlord an opportunity to respond
  3. 3 Whether the Arbitrator erred in law or was patently unreasonable by failing to consider s.68 of the RTA and by construing s.49(2) to require extenuating circumstances for each of multiple reasons listed on a single notice

Ratio Decidendi

The Arbitrator's decision is set aside because he based the outcome on a new determinative legal requirement—that extenuating circumstances must be demonstrated for each reason checked on a two‑reason Notice—without giving the landlord fair opportunity to present evidence on that issue, and he failed to consider s.68 RTA as a possible remedy; the appropriate remedy is remittal to the Residential Tenancy Branch for reconsideration rather than substitution of this court's decision.

Court Disposition

Arbitrator's decision set aside; Review Arbitrator's decision set aside; matter remitted to the Residential Tenancy Branch for reconsideration; court declines to substitute its decision

Orders

  • Set aside the Arbitrator's January 8, 2024 decision
  • Set aside the Review Arbitrator's decision confirming the Arbitrator