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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Eustergerling v. Seymour

Court

Supreme Court of British Columbia

The court upheld the arbitrator's factual findings on tenancy length, loss of rent and damage as not patently unreasonable but set aside the arbitrator's monetary order awarding double the security deposit because the arbitrator failed to analyze whether the landlord retained a right to claim against the deposit for unpaid rent (a distinct basis from extinguishment for damage) before applying s.38(6)(b); the monetary order is therefore patently unreasonable and must be remitted to the RTB for redetermination.

Source excerpt

• Security deposit
• Condition inspection
• Patent unreasonableness
• Bias
• Double deposit penalty
• Loss of rent

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Janik v. Zagrodzki

Court

Supreme Court of British Columbia

The RTB Decision was not patently unreasonable because it was based on evidence available to the adjudicator at the time showing unpaid rent and asserted personal service; there was no evidence of fraud as the unpaid rent was not paid until after the RTB submission dates; the tenant failed to provide particulars or sworn evidence contesting service; accordingly the petition for judicial review was dismissed but the court reduced the Monetary Order by amounts actually paid, leaving $60 owing.

Source excerpt

• Service of notice
• Order of possession
• Monetary order
• Procedural fairness
• Standard of review - patent unreasonableness
• Remedy - setoff

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Fakeley v. CH 2 Holdings Ltd.

Court

Supreme Court of British Columbia

The petition is dismissed because the earlier cheque in the landlord's possession did not establish that rent had been paid or would have cleared within the five-day period; there was no basis to admit fresh evidence or to conclude the RTB process was unfair, and the RTB's application of the statutory presumption in s.46(5)(a) was not patently unreasonable.

Source excerpt

• Non-payment of rent
• Order of possession
• Admission of fresh evidence
• Procedural fairness
• Statutory presumption
• Stay/deferment

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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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Komer v. BCIMC Realty Corporation

Court

British Columbia Court of Appeal

La Corte de Apelación de Columbia Británica desestimó una solicitud urgente para impugnar la negativa del registrador a tramitar, con aviso corto, una nueva solicitud de suspensión.

• Urgent applications
• Stay of proceedings
• Recusal/bias
• Judicial deference
• Rule 57
• Urgent-applications

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Leung v. Kung

Court

Supreme Court of British Columbia

The court allowed judicial review of an RTB decision, holding the arbitrator patently unreasonably ranked motives and failed to grapple with alleged ulterior motive evidence.

• Good faith eviction
• Landlord's use
• Ulterior motive
• Patent unreasonableness
• Procedural fairness
• Hearsay admissibility

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Li v. Ross

Court

Supreme Court of British Columbia

Judicial review of an RTB compensation award was dismissed. The court upheld findings that the landlords failed to prove occupancy, six months’ use, or extenuating circumstances.

• S.51 rta compensation
• Extenuating circumstances (s.51(3))
• Standard of review - patent unreasonableness
• Procedural fairness
• Adequacy of reasons
• Residential-tenancy

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Ladhar v. Alexander

Court

Supreme Court of British Columbia

Judicial review of RTB decisions was dismissed. The Court found the arbitrator’s reasons were adequate, the findings were supported by evidence, and no procedural unfairness was shown.

• Eviction
• Standard of review - patent unreasonableness
• Procedural fairness
• Evidence admissibility and weight
• Utilities payment dispute
• Judicial review scope

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Yu v. Carreiro

Court

Supreme Court of British Columbia

The court set aside an RTB merits decision, finding the arbitrator’s reasoning patently unreasonable on landlord’s-use timing and s. 51(2) RTA compensation.

• Repossession for landlord's use
• Compensation under s.51 rta
• Standard of review
• Judicial review remedies
• Judicial-review
• Residential-tenancy

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