Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court set aside two RTB decisions after finding the landlord was denied procedural fairness on disputed service and forwarding-address notice issues.
Judicial review of an RTB possession order succeeded because material facts about a rent-suspension agreement and service were withheld, making the review decision unreasonable.
Service by registered mail was effected in accordance with the Residential Tenancy Act and is deemed to have occurred three days after mailing under s.2B; therefore the Director properly found the appellant served despite non-receipt, the appellant failed to prove discrimination or prejudice, and the Director's order for $1,086.15 is affirmed.
Source excerpt
The court found the RTB decision patently unreasonable for failing to engage key Residential Tenancy Act provisions on a late dispute and unpaid rent.
Judicial review of an RTB review decision was dismissed. The court held the petitioners were deemed served by registered mail and no procedural unfairness was shown.
The court held that registered mail is “mail” under the Builder’s Lien Act, so the 21-day period ran from the deemed service date, not earlier receipt.
The Appeal Division exercised its discretion under s.55(2) to allow a two‑day late application because the Applicant demonstrated continuing intention, little prejudice to the Respondent, a reasonable explanation for the short delay (language and interpreter issues), and an arguable case (possible denial of natural justice); accordingly an extension of time was granted and leave to appeal was allowed.
Source excerpt
The Court of Appeal dismissed a landlord’s challenge to a tenancy decision on security deposit return, holding the review arbitrator’s ruling was not patently unreasonable.
Judicial review of a Residential Tenancy Branch decision was allowed because the tenant was denied a fair chance to rebut deemed service and actual notice issues.
The court dismissed motions to set aside an unserved writ and to dismiss for want of prosecution, finding deemed service by appearance and no serious prejudice.
Explore more
