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Decisions matching the current search
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.
Most tenancy-related claims were remitted to the RTB, while a defamation claim was severed and kept in BCSC. Several pleaded claims and requests for relief were struck or dismissed.
The court refused to admit four affidavits as extra-record evidence on judicial review of an RTA decision, finding the tenants had not met the required test.
Judicial review of a Residential Tenancy Branch decision was allowed because the arbitrator misapprehended evidence and denied procedural fairness.
Liability-only reasons in an infant electrical burn claim. The court found the owners and property manager failed to inspect a built-in cabinet hazard and apportioned fault equally.
Judicial review was adjourned because the petitioners failed to serve the Residential Tenancy Board and the Attorney General as required.
The court allowed judicial review, set aside a residential tenancy decision, and held the Residential Tenancy Act did not apply because the premises were primarily used for business.
Summary judgment was refused in a landlord-tenant-related dispute because the affidavits showed triable issues. A prior costs order was vacated for lack of full disclosure.
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