Residential Tenancy Branch decision failed to adequately articulate the reasons for its decision and the matter was remitted back to the Residential Tenancy Branch

19. October 2021 0
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 ...

The Court held that Section 49 of the Residential Tenancy Act, S.B.C. 2002, c. 78 could not be read so as to give landlords the discretion to terminate tenancies on the sole basis that they would be financially advantaged in having vacant possession. Where an Arbitrator makes a finding of fact that the renovation sought by the landlord did not require vacant possession, the rational and reasonable decision is that vacancy notices should not be granted in favour of the landlord.

Administrative law – Decisions of administrative tribunals – Arbitration Board – Landlord and tenant – Residential tenancy agreements – Vacancy notices – Judicial review – Compliance with legislation – Statutory interpretation Allman v. Amacon Property Management Services Inc., [2007] B.C.J. No. 433, British Columbia Court of Appeal, March 6, 2007, Levine, Thackray and Lowry JJ.A. The landlord ...