Petitioners, Robert Galasso and Janjira Saejan, were tenants in a building owned by Chartwell Construction Ltd.
A dispute arose when rent for September was unpaid, leading to a 10 Day Notice to End Tenancy.
Petitioners contested the eviction, claiming rent was sent to Chartwell’s legal counsel amid allegations of misappropriation.
Chartwell sought possession through a Dispute Resolution – Direct Request, arguing the tenants accepted tenancy termination by not paying rent or disputing the notice timely??.
Issues:
The main issue was whether the tenants effectively paid or contested the rent demand to avoid tenancy termination.
The tenants argued they paid rent on time by sending it to the landlord's counsel and later depositing it directly into Chartwell’s bank account??.
Court's Ruling:
The court extended the interim stay of possession, allowing the judicial review application to proceed.
It noted some merit in the tenants' arguments regarding payment methods and timelines, despite Chartwell’s contention of proper notice and procedure following the Residential Tenancy Act??.
Costs/Damages:
Not explicitly detailed in the provided segments, but the focus was on the stay of possession and the right to tenancy, rather than financial compensation.
