The uncontroverted evidence on judicial review demonstrated that the landlords had not been provided with a copy of particulars of the tenants’ claim for compensation prior to a hearing at the Residential Tenancy Branch. The tenants had provided written particulars to the adjudicator. The factual issues raised in the particulars went to the core of ...
Administrative law – Decisions reviewed – Residential Tenancy office – Landlord and tenant – Residential tenancies agreements – Eviction – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness Dyck v. Lyndon, [2023] B.C.J. No. 518, 2023 BCSC 440, British Columbia Supreme Court, March 23, 2023, D.A. Betton J. In ...
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness Mawani v. Dobbs, [2022] B.C.J. No. 1388, 2022 BCSC 1285, British Columbia Supreme Court, July 29, 2022, B.J. Norell J. The petitioners, Nawaz and Shelina Mawani, sought judicial review pursuant to the Judicial Review ...
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Evidence – Burden of proof – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Landlord and tenant – Residential Tenancy Agreements – Eviction LaBrie v. Liu, [2021] B.C.J. No. 2751, 2021 BCSC 2486, British Columbia Supreme Court, December ...
Administrative law – Decisions reviewed – Residential Tenancy office – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Evidence – Standard of review – Reasonableness Shahcheraghi v. Divangahi, [2021] B.C.J. No. 1760, 2021 BCSC 1576, British Columbia Supreme Court, August 13, 2021, K. Horsman J. The landlord/petitioner sought a ...
Administrative law – Decisions reviewed – Residential Tenancy office – Jurisdiction – Dispute resolution schemes – Judicial review – Privative clauses – Procedural requirements and fairness – Standard of review – Correctness – Patent unreasonableness – Landlord and tenant – Remedies – Injunctions McDonald v Creekside Campground and RV Park, [2020] B.C.J. No. 2182, 2002 ...
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Appeals – Legislative compliance – Landlord and tenant – Residential tenancy agreements Aarti Investments Ltd. v. Bauman, [2019] B.C.J. No. 840, 2019 BCCA 165, British Columbia Court of Appeal, May 14, 2019, P.M Willcock, R. Goepel and G. Dickson JJ.A. The Appellant/Landlord, Aarti Investments ...
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Landlord and tenant – Residential tenancy agreements PHS Community Services Society v. Swait, [2018] B.C.J. No. 958, 2018 BCSC 824, British Columbia Supreme Court, May 18, 2018, N. Sharma J. ...
Application to dismiss action and petition for judicial review both arising out of tenancy relationship governed by Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77. Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness – Landlord and tenant – Damages – Practice ...
The petitioner sought judicial review of a Residential Tenancy Branch decision to dismiss her application to cancel an eviction notice served by her landlord pursuant to s. 47(1)(h) of the Residential Tenancy Act, S.B.C. 2002 c. 78 (the “RTA”). Section 47(1)(h) of the RTA permits a landlord to end a tenancy if the tenant has: ...
