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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.
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The court dismissed a petition for leave to bring a derivative action, finding the applicant had not proven good faith or that the proposed claims were in the company’s best interests.
s.10(8)(f)(i) must be read as a single inquiry: the Director must be satisfied that an order for vacant possession is appropriate where the landlord in good faith requires possession for residence by the landlord or a family member; the Adjudicator erred by imposing a separate, expansive 'appropriateness' test considering broad community and housing-crisis factors; on the facts the landlords demonstrated the requisite good faith and the appeal is allowed with vacant possession ordered effective August 1, 2025.
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Although the landlords acted in good faith seeking possession for a family member under s.10(8)(f)(i), balancing required factors (long-term tenancy of 13 years, family size and appropriate use of space, strong community/childcare ties, inability to obtain alternate affordable housing and local housing crisis) made it inappropriate to order possession; accordingly the appeal is dismissed and the Director's decision is confirmed.
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Appeal dismissed from an order granting leave to commence a derivative action regarding Eastern Platinum’s Union Goal transaction.
The court granted Gerald Chappell leave under s. 151 WESA to sue on behalf of Allan Chappell’s estate, finding an arguable case and good faith.
The court dismissed Xuan Lu’s petition for leave to bring a derivative action on behalf of 1087041 B.C. Ltd., finding no good faith and no best-interests basis.
The court refused leave for the derivative action as filed, but held the matter was not an abuse of process and allowed a narrowed claim against Diana Hu to be resubmitted.
Although the adjudicator expressed doubts about the landlords' good faith (noting inconsistencies and pressure tactics), he exercised the statutory discretion under s.10(8)(f)(iii) to set aside the Director's decision and permit termination on a compromise timetable to minimize tenant disruption (tenancy terminated August 26, 2023). Separately, under the Interim Residential Rental Increase Cap Act the court found all amounts charged above the lawful rent were collected in contravention of the statute and ordered a credit of $3,400 to the tenants; the legal rent for the remaining term is $2,65…
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The adjudicator found on the balance of probabilities that the directing mind of the closely held corporate landlord (Dan Jockel) qualifies as the 'landlord' and demonstrated a genuine intention to occupy the premises with his partner and child; therefore the appeal is allowed and an order for termination and vacant possession is granted with a specified date.
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