Canada Case Law

Kassam v. 1129728 B.C. Ltd.

Court

British Columbia Court of Appeal

The arbitrator's decision was patently unreasonable because she repeatedly misstated and conflated the statutory test—treating 'extenuating circumstances' as 'exceptional circumstances'—and relied on irrelevant good faith/section 49.2 analogies and timeline findings that undermined the required s.51(3) analysis; given legislative amendments limiting the Director's monetary jurisdiction, the appropriate remedy is remittal to the Supreme Court for rehearing rather than to the RTB; the Director, not named in the notice of appeal, must be added by application under the Court of Appeal Rules.

Source excerpt

• Remittal
• Jurisdiction
• Extenuating circumstances
• Good faith
• Standard of review
• Procedural fairness

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Canada Employment Insurance Commission v BE

Court

Social Security Tribunal of Canada

The General Division erred as a matter of law by cancelling the penalty based on lack of intent and by substituting its discretion for that of the Commission; the facts show the Claimant knowingly made seven false statements and a penalty is warranted, but given extenuating circumstances the proper exercise of discretion is to reduce the penalty to 10% of the $5,681 overpayment ($568); the notice of very serious violation is cancelled.

Source excerpt

• Penalty
• Overpayment
• Notice of violation
• Fraud
• Discretion
• Extenuating circumstances

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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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Eskandarzadeh v. Nate

Court

Supreme Court of British Columbia

Judicial review of an RTB compensation decision was allowed. The Court found patent unreasonableness, quashed the award, and substituted its own decision.

• S.51 tenant compensation
• Extenuating circumstances
• Reasonable period for occupation
• Procedural fairness
• Remedy substitution vs remit
• Judicial-review

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Liang v. Pearson

Court

Supreme Court of British Columbia

Judicial review of a Residential Tenancy Branch compensation decision was allowed because the arbitrator gave inadequate reasons on extenuating circumstances.

• Extenuating circumstances
• Compensation for termination
• Procedural fairness
• Standard of review
• Patent unreasonableness
• Remedy and costs

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Lu v. Marchand

Court

Supreme Court of British Columbia

Judicial review of an RTB compensation order was dismissed. The court found the arbitrator reasonably applied s. 51 of the RTA and the evidence did not establish extenuating circumstances.

• Notice to end tenancy
• Compensation under rta s.51
• Extenuating circumstances
• Standard of review - patent unreasonableness
• Settlement agreements recorded as decisions
• Judicial-review

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Helshiron Fisheries Ltd. v. Canada (Attorney General)

Court

Federal Court

The Federal Court granted judicial review of the Minister’s refusal to reissue Helshiron Fisheries’ herring weir licences, finding the decision unreasonable and remitting it.

• Licensing policy
• Extenuating circumstances
• Reasonableness review
• Ministerial discretion
• Natural justice
• Decision‑making reasons

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Malik v. Jacobs

Court

Supreme Court of British Columbia

Judicial review of an RTB award under the RTA was dismissed. The court found the six-month references were erroneous but not central, and the reasons were adequate.

• S.51 rta compensation
• Demolition notice under s.49(6)(a)
• Extenuating circumstances
• Standard of review - patent unreasonableness
• Adequacy of reasons
• Privative clause

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Qi v. Hill

Court

Supreme Court of British Columbia

The court dismissed a landlord’s judicial review of RTB decisions awarding tenant compensation under s. 51 RTA, finding no patent unreasonableness or fairness breach.

• Notice to end tenancy
• Tenant compensation s.51 rta
• Extenuating circumstances
• Standard of review - patent unreasonableness
• Review on new evidence and fraud
• Interpreter rights

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Wu v. Horvath

Court

Supreme Court of British Columbia

Judicial review of an RTB decision was allowed because the arbitrator failed to consider relevant evidence about the purchaser’s father and safety concerns.

• Reasonable period to occupy under s.51 rta
• Extenuating circumstances
• Patent unreasonableness standard
• Procedural fairness
• Remittal
• Residential-tenancy

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