Canada Case Law

Singh v. Director of the Residential Tenancy Branch

Court

Supreme Court of British Columbia

The RTB's findings that the rent increase complied with the RTA and tenancy agreement, that the tenant was not entitled to unilaterally withhold rent, and that disputed claims (parking, storage, HVAC, quiet enjoyment, retroactive rent reduction) were not substantiated by evidence supporting entitlements under s.28 or s.65 RTA were reasonable and open to the arbitrator; accordingly the petition for judicial review is dismissed and the landlord is entitled to vacant possession subject to a two‑week stay.

Source excerpt

• Eviction
• Rent increase
• Quiet enjoyment
• Procedural fairness
• Retroactive rent adjustment
• Compensation

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Booth v. Habitat for Humanity Victoria

Court

British Columbia Court of Appeal

The stay application was dismissed because the appellant failed to demonstrate a serious question on appeal or irreparable harm and the balance of convenience did not favour a stay; absent evidence of efforts to obtain counsel or to secure alternative housing and given Habitat's ownership and pressing charitable use, the interests of justice did not support delaying enforcement of the vacant possession order.

Source excerpt

• Stay of execution
• Vacant possession
• Procedural fairness
• Residential tenancy act jurisdiction
• Balance of convenience
• Irreparable harm

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Habitat for Humanity v. Booth

Court

British Columbia Court of Appeal

The Court of Appeal restored an RTB ruling that an early occupancy arrangement for Habitat’s homeownership program was not a tenancy under the RTA.

• Jurisdiction of residential tenancy branch
• Definition of tenancy and rental unit
• Section 5 contracting out
• Standard of review: patent unreasonableness
• Early occupancy agreements
• Vacant possession

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Scherba v. Peace Arch Senior Citizens Housing Society

Court

Supreme Court of British Columbia

The court set aside an RTB merits decision and review decision after finding the tenant was denied a fair hearing when teleconference disconnections prevented participation.

• Procedural fairness
• Judicial review
• Patent unreasonableness
• Adjournment
• Teleconference hearings
• Remittal

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Banni v. Coast Foundation Society (1974) (Coast Mental Health)

Court

Supreme Court of British Columbia

The court dismissed the claims against BC Housing, struck most of the constitutional challenge as moot, and allowed only limited claims against Coast to be amended.

• Transitional housing
• Residential tenancy act s.4(f)
• Rule 9-5 striking pleadings
• Rule 9-6 summary judgment
• Breach of contract
• Duty of good faith

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Kellner v. Entre Nous Femmes Housing Society

Court

Supreme Court of British Columbia

The court dismissed a judicial review of a Residential Tenancy Branch order of possession, finding no procedural unfairness and no patent unreasonableness.

• Judicial review
• Procedural fairness
• Standard of review (patently unreasonable)
• Reconsideration
• Order of possession
• Subsidized housing eligibility

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K.N. v. A.N.

Court

Nova Scotia Small Claims Court

The Adjudicator accepted the landlord acted in good faith under s.10(8)(f)(i) and, applying the factors in Gallant v. Brigley, concluded the landlord's urgent need for a safe, habitable residence justified varying the Director's order to an earlier termination date of October 15, 2025; the tenant's request for a later date was outweighed by the proven need of the landlord.

Source excerpt

• Possession for personal residence
• Good faith requirement
• Termination of tenancy
• Notice to quit

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Kellner v. Entre Nous Femmes Housing Society

Court

Supreme Court of British Columbia

The court held the judicial review premature because the petitioner had not first sought RTB reconsideration under s. 79, and stayed possession for three weeks.

• Judicial review
• Reconsideration under s.79 residential tenancy act
• Exhaustion of internal remedies
• Stay of possession
• Accommodation for disability/mental health
• Judicial-review

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Feizy v. Wang

Court

Supreme Court of British Columbia

Judicial review of an RTB compensation order was dismissed. The court found no procedural unfairness and no patent unreasonableness in the arbitrator’s reasons.

• Extenuating circumstances
• Notice to end tenancy
• Procedural fairness
• Standard of review
• Patent unreasonableness
• Burden of proof

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Fraser v. 1392383 B.C. Ltd.

Court

Supreme Court of British Columbia

Judicial review of RTB orders was granted. The Court found the landlord’s good-faith eviction case was not meaningfully analyzed and set aside both RTB decisions.

• Judicial review
• Good faith eviction
• Procedural fairness
• Extension of time
• Patent unreasonableness
• Internal review

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