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The Court of Appeal dismissed a tenant’s appeal from a Residential Tenancy Branch possession order, finding no patently unreasonable error in service, procedure, or reliance on repeated late rent payments.
Judicial review allowed where an RTB arbitrator misread MHPTA s. 40(1)(k) and upheld a notice to end tenancy issued before the statutory 30-day period expired.
Judicial review of an RTB eviction order was dismissed. The Court held the reasons, read as a whole, were adequate and the decision was not patently unreasonable.
The court dismissed judicial review of an RTB decision upholding a four-month notice to end tenancy for caretaker use under s. 49(6)(e).
Judicial review of an RTB eviction order was dismissed. The court found the arbitrator’s decision was not patently unreasonable despite concerns about the reasons.
Judicial review of RTB decisions partly succeeded: the court upheld the finding that the tenants changed the locks, but set aside the denial-of-entry finding and remitted that issue.
Judicial review of an RTB decision was dismissed. The court found no procedural unfairness and no patent unreasonableness in the findings on cleanliness and insurance.
The appeal is dismissed because the 2019 eviction order was nullified by subsequent acceptance of rent, the landlord failed to prove an oral fixed-term tenancy (month-to-month tenancy found), the landlord did not establish good faith and concrete plans to require the unit for a qualifying family member, and there was insufficient credible evidence of tenant liability for damages.
Source excerpt
The court set aside an RTB decision upholding eviction, holding the arbitrator failed to apply s. 47(1)(h)(ii) of the RTA on whether the tenant cured the breach within a reasonable time.
The court set aside the RTB clarification decision insofar as it decided the disturbance allegation, remitting that issue for rehearing. The late-rent finding remained upheld.
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