Canada Case Law

Sull v. Trevitt

Court

British Columbia Court of Appeal

The arbitrator's award was patently unreasonable because he based compensation on the alleged invalidity of the s.49 notice rather than applying s.51(2)'s statutory test of whether the stated purpose was accomplished within a reasonable time and failed to consider extenuating circumstances under s.51(3); the matter is remitted to the RTB to decide only whether the landlord or buyers should be excused under s.51(3) and to consider notice to the buyers and any abandonment of amounts above the statutory cap.

Source excerpt

• Compensation under s.51 rta
• Notice to end tenancy s.49 rta
• Standard of review - patent unreasonableness
• Extenuating circumstances s.51(3)
• Rtb jurisdiction and monetary cap s.58

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Janik v. Zagrodzki

Court

Supreme Court of British Columbia

The RTB Decision was not patently unreasonable because it was based on evidence available to the adjudicator at the time showing unpaid rent and asserted personal service; there was no evidence of fraud as the unpaid rent was not paid until after the RTB submission dates; the tenant failed to provide particulars or sworn evidence contesting service; accordingly the petition for judicial review was dismissed but the court reduced the Monetary Order by amounts actually paid, leaving $60 owing.

Source excerpt

• Service of notice
• Order of possession
• Monetary order
• Procedural fairness
• Standard of review - patent unreasonableness
• Remedy - setoff

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Li v. Ross

Court

Supreme Court of British Columbia

Judicial review of an RTB compensation award was dismissed. The court upheld findings that the landlords failed to prove occupancy, six months’ use, or extenuating circumstances.

• S.51 rta compensation
• Extenuating circumstances (s.51(3))
• Standard of review - patent unreasonableness
• Procedural fairness
• Adequacy of reasons
• Residential-tenancy

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Ladhar v. Alexander

Court

Supreme Court of British Columbia

Judicial review of RTB decisions was dismissed. The Court found the arbitrator’s reasons were adequate, the findings were supported by evidence, and no procedural unfairness was shown.

• Eviction
• Standard of review - patent unreasonableness
• Procedural fairness
• Evidence admissibility and weight
• Utilities payment dispute
• Judicial review scope

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Le v. Card

Court

Supreme Court of British Columbia

Judicial review of an RTB decision was allowed where the court found the arbitrator's adverse findings unsupported by the evidence and irrational.

• S.49(3) landlord or close family occupation
• S.51(2) compensation
• Standard of review - patent unreasonableness
• Evidence and credibility
• Remedies - setting aside and non‑remittance
• Residential-tenancy

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Simard Westlink Inc. v. Office of the British Columbia Container Trucking Commissioner

Court

Supreme Court of British Columbia

The court dismissed a judicial review of the Container Trucking Commissioner’s reconsideration decision, finding the interpretation of off-dock rates and “container” was not patently unreasonable.

• Judicial review
• Standard of review - patent unreasonableness
• Container trucking act interpretation
• Definition of "container" and "facility"
• Rate‑setting and licensing
• Jurisdiction of administrative decision‑maker

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Hurd v. Pinard

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a landlord’s appeal over a rent-increase dispute, holding it was not patently unreasonable to exclude indirect sewage disposal fees passed through by a private contractor.

• Rent increase
• Local government levies
• Manufactured home park regulation
• Standard of review - patent unreasonableness
• Allocation of municipal fees
• Administrative-law

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Chao v. Hallmark Poultry Processors Ltd.

Court

Supreme Court of British Columbia

Judicial review of an Employment Standards Tribunal reconsideration decision was dismissed. The court upheld findings that the petitioner’s new supervisor allegation lacked credibility.

• Judicial review
• Standard of review - patent unreasonableness
• Termination for cause
• Credibility findings
• Reconsideration and admissibility of new evidence
• Employment standards act procedures

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Louie v. British Columbia (Residential Tenancy Branch)

Court

Supreme Court of British Columbia

The court dismissed judicial review, holding the RTB reasonably applied notice requirements to a rent increase in a later fixed-term tenancy and set lawful rent at $2,950.

• Rent increase notice requirements
• Fixed-term tenancy renewals
• Standard of review - patent unreasonableness
• Application of rtb policy guidelines
• Rent-increase-notice-requirements
• Fixed-term-tenancy-renewals

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Volpe v. Stojkovich

Court

Supreme Court of British Columbia

Judicial review of an RTB decision succeeded because the court found the arbitrator’s reasons inadequate and patently unreasonable.

• Adequacy of reasons
• Standard of review - patent unreasonableness
• Mitigation
• Assessment of damages
• Expert evidence evaluation
• Remittal

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