City2City Real Estate Services Inc. v. Wang

City2City Real Estate Services Inc. v. Wang

The monetary portion of the arbitrator's decision was set aside because the tenant did not comply with statutory service requirements and there was no evidence the landlord had actual notice and adequate time to respond to the tenant's evidence and uncertified translation; proceeding in those circumstances breached procedural fairness and the monetary order must be reconsidered by the Director or delegate.

Citation
2024 BCSC 1267
Parties
Petitioner: City2City Real Estate Services Inc.; Respondent: Mohan Wang
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 July 2024
Procedural Posture
Judicial Review of Residential Tenancy Branch Decision / Judgment on Judicial Review
Outcome
Arbitrator's decision on the monetary order for unpaid rent set aside in part and remitted for reconsideration.
Legal Topics
Service of Documents, Translation of Evidence, Natural Justice, Standard of Review, Remittal for Reconsideration
Source Language
English
Residential Tenancy Administrative Law Judicial Review Procedural Fairness Service of Documents Translation of Evidence Natural Justice Standard of Review +1 more

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Parties

City2City Real Estate Services Inc.

Petitioner

Mohan Wang

Respondent

Procedural Posture

Judicial Review of Residential Tenancy Branch Decision / Judgment on Judicial Review

Legal Issues

  1. 1 Whether the hearing was procedurally unfair because the tenant did not serve evidence in accordance with the Act and regulations
  2. 2 Whether reliance on a non-certified translation (received only at hearing) deprived the landlord of the ability to respond and thus breached procedural fairness
  3. 3 What remedy follows from a finding of procedural unfairness in this context

Ratio Decidendi

The monetary portion of the arbitrator's decision was set aside because the tenant did not comply with statutory service requirements and there was no evidence the landlord had actual notice and adequate time to respond to the tenant's evidence and uncertified translation; proceeding in those circumstances breached procedural fairness and the monetary order must be reconsidered by the Director or delegate.

Court Disposition

Arbitrator's decision on the monetary order for unpaid rent set aside in part and remitted for reconsideration.