Respondent
Petitioner
Background: Ioannis Thanassoulis, the tenant, sought a judicial review of an arbitrator’s decision under the Residential Tenancy Act (RTA), which upheld a notice to end tenancy issued by landlords Anoop Majithia and Sharlene Gill.
Legal Arguments/Issues: The landlords issued a two-month notice to end tenancy under section 49(3) of the RTA, claiming they intended to occupy the rental unit due to renovations in their current home. Thanassoulis disputed this, alleging bad faith and that the landlords sought to rent the unit at a higher rate. He cited prior attempts by the landlords to raise his rent unlawfully and argued that other vacant properties were available. The court reviewed whether the arbitrator’s decision was patently unreasonable. The arbitrator accepted the landlords’ testimony and evidence, finding them credible.
Held: Justice Kirchner upheld the arbitrator’s decision, finding it was not patently unreasonable. The court noted the arbitrator correctly applied the legal standard and adequately explained the decision. The landlords’ history of living in the rental unit and their renovation plans supported their good faith intention to occupy the unit. The court dismissed Thanassoulis' application for judicial review. The order for possession was set to take effect on June 30, 2024, with all provisions of the RTA continuing to apply until then.
Costs/Damages Awarded: No specific costs or award amounts were mentioned in the judgment.
Court
Supreme Court of British ColumbiaCase Number
S233612Practice Area
Real estateAmount
Winner
RespondentTrial Start Date
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