Milczarski v. Lloyd

Milczarski v. Lloyd

The petition is dismissed because the review arbitrator's decision was not patently unreasonable: the alleged municipal documents were not shown to be undiscoverable with due diligence, there was no evidence the arbitrator's decision was obtained by fraud, the RTA applies notwithstanding lack of municipal licence, and there was evidentiary support for the arbitrator's damages award; no procedural unfairness or bias was shown.

Citation
2016 BCSC 800
Parties
Petitioner Tenant: Adrian Nikodem Milczarski; Petitioner Tenant: Amanda Marie Hartwick; Respondent Landlord: Susan Lloyd; Respondent Arbitrator: Arbitrator A. Holmes; Respondent Attorney General/director: Deputy Attorney General - Ministry of Attorney General
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
5 May 2016
Procedural Posture
Judicial Review of Administrative Decision Under the Residential Tenancy Act / Decision on Petition to Set Aside Review Consideration Decision and Original Arbitrator's Orders
Outcome
Petition dismissed
Legal Topics
Security Deposit, Review Consideration, New and Relevant Evidence, Fraud in Administrative Proceedings, Procedural Fairness, Standard of Review Patent Unreasonableness, Privative Clause/deference
Source Language
English
Residential Tenancy Law Administrative Law Judicial Review Statutory Interpretation Security Deposit Review Consideration New and Relevant Evidence Fraud in Administrative Proceedings +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Adrian Nikodem Milczarski

Petitioner Tenant

Amanda Marie Hartwick

Petitioner Tenant

Susan Lloyd

Respondent Landlord

Arbitrator A. Holmes

Respondent Arbitrator

Deputy Attorney General - Ministry of Attorney General

Respondent Attorney General/director

Procedural Posture

Judicial Review of Administrative Decision Under the Residential Tenancy Act / Decision on Petition to Set Aside Review Consideration Decision and Original Arbitrator's Orders

Legal Issues

  1. 1 Whether the review arbitrator erred in finding there was no new and relevant evidence
  2. 2 Whether the original arbitrator erred in awarding damages to the landlord and the amount awarded
  3. 3 Whether lack of municipal approval/business licence for the suite exempts the landlord from the RTA

Ratio Decidendi

The petition is dismissed because the review arbitrator's decision was not patently unreasonable: the alleged municipal documents were not shown to be undiscoverable with due diligence, there was no evidence the arbitrator's decision was obtained by fraud, the RTA applies notwithstanding lack of municipal licence, and there was evidentiary support for the arbitrator's damages award; no procedural unfairness or bias was shown.

Court Disposition

Petition dismissed

Orders

  • Petition dismissed