Canada Case Law

Raiszadeh v. HLM Enterprises Inc.

Court

Supreme Court of British Columbia

The court dismissed the judicial review because the arbitrator's findings of fact (service, denial of access, reputational/operational harm) and exercise of discretion (refusal to adjourn, finding s.56 thresholds met) were supported by evidence and not patently unreasonable, and the adjudicator reasonably dismissed the internal review grounds; accordingly the Order of Possession stands with a stay extended to April 15, 2026.

Source excerpt

• Judicial review
• Standard of review
• Procedural fairness
• Early termination of tenancy (s.56 rta)
• Landlord access
• Service of documents

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Stewart v. Birnie

Court

Supreme Court of British Columbia

The court upheld the RTB factual finding on timely service as not patently unreasonable and upheld the RTB review decision refusing to admit the additional evidence on review, but found the original RTB hearing procedurally flawed because the arbitrator admitted the tenant's untested hearsay evidence while excluding the landlord's unserved documentary evidence without offering or explaining the option to adjourn or otherwise enabling the landlord to respond; accordingly the appropriate remedy is to remit the matter to the RTB for a new hearing where both parties may submit evidence in advance…

Source excerpt

• Notice to end tenancy for landlord's use
• Procedural fairness
• Admission and exclusion of evidence
• Service of documents
• New evidence on review
• Compensation under rta s.51

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Henderson v. Wang

Court

Court of Appeal for Ontario

The motion for an extension of time was dismissed because the justice of the case weighed against granting an extension: the moving party provided inconsistent and insufficient explanation for delay, unreasonably insisted on a longer extension despite a reasonable alternative, the proposed appeal had no arguable merit given the application judge's well-founded factual and credibility findings on testamentary capacity, suspicious circumstances and undue influence, and the moving party's conduct caused prejudice to the estate and beneficiaries; accordingly extension was denied and costs awarded…

Source excerpt

• Extension of time
• Will validity
• Testamentary capacity
• Undue influence
• Service of documents
• Costs

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Alam v. Leung

Court

British Columbia Court of Appeal

The Court of Appeal granted a short extension for the appellant’s filing deadline and refused to dismiss the appeal as abandoned, finding some merit and no sufficient prejudice.

• Extension of time
• Dismissal as abandoned
• Judicial review
• Procedural fairness
• Remittal to tribunal
• Service of documents

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City2City Real Estate Services Inc. v. Wang

Court

Supreme Court of British Columbia

The court set aside a Residential Tenancy Branch rent order after finding the hearing was procedurally unfair because the landlord had not received the tenant’s evidence in time.

• Service of documents
• Translation of evidence
• Natural justice
• Standard of review
• Remittal for reconsideration
• Procedural-fairness

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Green v. Kooner

Court

Supreme Court of British Columbia

The court dismissed a tenant’s judicial review of an RTB decision, finding no patent unreasonableness in the arbitrator’s reasons or process.

• Patent unreasonableness
• Procedural fairness
• Service of documents
• Service animal accommodation
• Order for possession
• Adequacy of reasons

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Cole v. The King

Court

Tax Court of Canada

Where reassessments were issued after the normal reassessment period as a result of the Minister's exercise of discretion under s.152(4.2), s.165(1.2) bars objections and, accordingly, s.169(1) precludes an appeal to the Tax Court; CRA errors in communications do not alter these statutory limits, so the Court lacks jurisdiction and the appeal must be quashed.

Source excerpt

• Reassessment beyond normal reassessment period
• Taxpayer relief under s.152(4.2)
• Jurisdiction to appeal
• Service of documents
• Limitation on objections and appeals

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Andre v. Chau

Court

Supreme Court of British Columbia

Judicial review of an RTB review decision was dismissed. The Court held the tenant had not shown the decision was patently unreasonable or procedurally unfair.

• Service of documents
• Procedural fairness
• Judicial review
• Review of rtb adjudicator
• Order for possession
• Judicial-review

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Alfandi v. Capreit Ltd.

Court

Nova Scotia Small Claims Court

The Director's termination order was rescinded because the landlord's evidence of arrears was unreliable and the only proven arrear related to a 2% rent increase that was invalidly served (electronic notice sent before tenant consented), there was insufficient evidence of smoking to justify eviction, and therefore termination and vacant possession could not be sustained; costs of the appeal were awarded to the tenant.

Source excerpt

• Rent arrears
• Service of documents
• Rental increase notice
• Non-smoking policy
• Retaliation
• Evidence reliability

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Han v. Ma

Court

Supreme Court of British Columbia

Judicial review of a Residential Tenancy Branch order was allowed because the petitioner was not validly served with the originating dispute package, denying her a fair hearing.

• Judicial review
• Procedural fairness
• Service of documents
• Jurisdiction
• Abuse of process
• Time extension

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