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The court allowed judicial review of an RTB decision and set aside an order of possession after finding the arbitrator failed to address waiver.
The Court of Appeal dismissed the Crownâs appeal, upholding exclusion of cellphone and surveillance evidence after unlawful seizure and prolonged detention breaches under the Charter.
The court excluded evidence from an iPhone, two BlackBerrys, and SVAT footage after finding serious s. 8 breaches from over-seizure and prolonged over-holding.
Despite clerical irregularities on the notice forms, the Landlord clearly intended and communicated a three-month notice served in late October 2009 such that the Tenant knew or ought to have known; accordingly the tenancy was validly terminated effective January 30, 2010, although there was insufficient proof of Tenant wrongdoing to award the Landlord compensation; the vacant possession date was extended to May 31, 2010 and the security deposit is to be dealt with under the Act.
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