Andre v. Chau
Thanh Long Chau
Law Firm / Organization
Not Specified
Lawyer(s)

M. Golden

Eric Bernard Andre
Law Firm / Organization
Self Represented

Background: The case involved Eric Bernard Andre and Thanh Long Chau, focusing on a landlord-tenant dispute concerning the residential tenancy at a property in Chilliwack, British Columbia. Eric Andre contested the validity of a one-month notice to end tenancy issued by Thanh Chau.

Legal Issues/Arguments: The main legal issue revolved around whether Andre was properly served with the notice while he was out of the country, which affected his ability to timely dispute the claims made by the landlord in the notice. Andre argued he did not receive the notice of termination properly as he was abroad, and consequently missed the window to challenge it. The landlord served the notice via registered mail, which was deemed delivered even though Andre was not physically present to receive it.

Adjudicator's Decision: The Residential Tenancy Branch (RTB) adjudicator dismissed Andre's subsequent dispute due to a lack of evidence challenging the claims in the notice.

Judicial Review: Andre sought a judicial review, arguing the RTB's decision was unfair. However, the Supreme Court found no basis to overturn the adjudicator's findings, deeming them not patently unreasonable.

Held: The petition was dismissed with costs, but the document did not specify the total amount of costs awarded in favor of Thanh Long Chau.

Supreme Court of British Columbia
S40195
Civil litigation
Respondent