Background: Mr. Tan, a tenant since December 2012, filed a claim alleging breach of quiet enjoyment due to traffic noise, heat, and smoking. He claimed BC Housing breached his right to quiet enjoyment under his tenancy agreement.

Legal Issues/Arguments: Alleged issues included excessive noise, heat, and unauthorized entry by BC Housing’s employee, who also damaged a curtain. Mr. Tan sought damages, permission to keep his curtain, and the right to withhold rent for periods lacking quiet enjoyment.

Held: The court dismissed BC Housing’s application to strike the Notice of Civil Claim (NCC) and its summary judgment application. It was found that Mr. Tan's claims were sufficient to proceed and potentially exceed $35,000. The court noted the case should have been initiated by petition but did not dismiss the case on this procedural ground.

Costs and Awards: Mr. Tan was entitled to costs of the application in the cause. Specific monetary awards were not detailed in this judgment.