Athwal v. Johnson
Nirmal Singh Athwal
Law Firm / Organization
Not Specified
Lawyer(s)

R. Davidson

Harjeet Kaur Athwal
Law Firm / Organization
Not Specified
Lawyer(s)

R. Davidson

Stephen Frederick Johnson
Law Firm / Organization
Not Specified
Kathleen Elaine Chandler
Law Firm / Organization
Not Specified
  • Issue: Appellants Athwal challenged the procedural fairness of a Residential Tenancy Branch (RTB) decision that awarded the respondents Johnson and Chandler compensation due to the appellants' failure to fulfill the purpose of a Two-Month Notice to End Tenancy within a reasonable time.
  • Background: The RTB awarded respondents 12 months' rent ($24,000) as compensation. The appellants claimed procedural unfairness in the RTB hearing, arguing they did not receive particulars of the respondents' claim.
  • Ruling: The appeal was allowed. The court found that the appellants were entitled to receive particulars of the claim, and the failure to receive these particulars constituted a procedural defect affecting the fairness of the RTB proceeding.
  • Outcome: The case was remitted back to the RTB for a rehearing, emphasizing the necessity of procedural fairness and the right of parties to be fully informed of claims against them.
Court of Appeals for British Columbia
CA49033
Civil litigation
Appellant