The applicant landlord unsuccessfully sought leave to appeal a decision of the Residential Tenancies Commission which required him to pay compensation to the respondent tenants

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Termination – Judicial review – Appeals – Leave to appeal – Compliance with legislation – Hearings – Procedural requirements and fairness Chong v. Wan, [2014] M.J. No. 97, 2014 MBCA 35, Manitoba Court of Appeal, April 16, 2014, B.M. ...

Applicant unsuccessfully applied to set aside a decision of the Rentalsman who had refused to issue a Notice to Quit on the respondent tenant due to improvements made to the property. Decision was held to be within range of acceptable outcomes and reasonable.

26. March 2013 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Rules and by-laws – Conduct of tenant – Residential tenancy agreements – Termination – Judicial review – Compliance with legislation – Jurisdiction – Standard of review – Reasonableness simpliciter Nethervue Park Ltd. v. MacKinnon, [2013] N.B.J. No. 21, 2013 ...

A tenant in a Metro Vancouver Housing Corporation townhouse applied for judicial review of the decision of a dispute resolution officer who found that a 10-day notice to end tenancy for unpaid rent, under Section 46(1) of the Residential Tenancy Act should be upheld with the result that the tenant would lose possession

23. October 2012 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Discretion of court – Landlord and tenant – Residential tenancy agreements – Termination – Vacation notices – Conduct of tenant – Judicial review – Compliance with legislation – Procedural requirements and fairness – Standard of review – Patent unreasonableness – Remedies – Relief from ...

A landlord (Fok) was unsuccessful on judicial review of a decision of a dispute resolution officer under the Residential Tenancy Act, which had ordered the landlords to pay compensation to their former tenants for missing jewellery, and had denied the landlords’ claim for losses associated with repair, garbage disposal and cleaning, and found against them as to whether they had a legal right to change the locks and to retake actual possession of the rental unit

28. December 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Conduct of tenant – Termination – Tenant’s goods – Damages – Judicial review – Evidence – Jurisdiction – Standard of review – Patent unreasonableness – Test Fok v. British Columbia (Residential Tenancy Act, Dispute Resolution ...

The court dismissed the petitioner’s application for failure to establish that the dispute resolution officer’s (“the DRO”) decisions should be quashed. The court found that the DRO set out the findings of facts and principal evidence in its decisions and that the decisions were not patently unreasonable. Accordingly, the respondents were entitled to general damages, damages for loss of property and aggravated damages.

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Vacation notices – Damages – Aggravated damages – Judicial review – Evidence – Compliance with legislation – Standard of review – Patent unreasonableness Sahota v. British Columbia (Residential Tenancy Act, Dispute Resolution Officer), [2010] B.C.J. ...

The Applicant Tenant (the “Tenant”) succeeded on an application for judicial review in respect of a decision made by one of the Residential Tenancy Office’s Dispute Resolution Officers (the “DRO”). The DRO had decided the Tenant was properly evicted for cause by the Respondent Landlord.

23. March 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Eviction – Conduct of tenant – Illegal activities – Criminal charges – Evidence – admissibility – past conduct – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness Williams v. Holywell Properties, [2009] B.C.J. No. ...

The Court granted a petition for judicial review of a decision of the Residential Tenancy Branch, which had ordered the Respondent landlord to pay $1,500 in damages to his former tenant, the petitioner. The petitioner had complained that his landlord had unlawfully disposed of his personal possessions while he was away from his apartment. The statutory obligations of the landlord under section 25(1) of the Residential Tenancy Act, in relation to abandoned goods, did not apply to the facts. The dispute resolution officer’s decision to award damages based on the irrelevant consideration of non-existent statutory breaches by the landlord, without considering the tenant’s rights as a bailor at common law, was patently unreasonable.

26. January 2010 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Landlord and tenant – Residential tenancy agreements – Termination – Tenant’s goods – Bailee – Damages – Judicial review – Compliance with legislation Bello v. Ren, [2009] B.C.J. No. 2323, 2009 BCSC 1598, British Columbia Supreme Court, November 23, 2009, L. Fenlon J. ...

The application by a tenant (“Ganitano”) for judicial review of a decision and Order of a residential tenancy dispute resolution officer dismissing Ganitano’s application to dispute a 10-day notice and one-month notice to end tenancy was allowed where the Court found there were a number of procedurally significant problems in the Hearing which infringed Ganitano’s right to be heard on the application

28. July 2009 0
Administrative law – Decisions of administrative tribunals – Residential Tenancy office – Adjudication – Landlord and tenant – Residential tenancy agreements – Termination – Hearings – Conduct of hearings – Failure to provide transcript of hearing – Judicial review – Procedural requirements and fairness – Limitations Ganitano v. Metro Vancouver Housing Corp., [2009] B.C.J. No. ...