Respondent
Petitioner
Background: Mvano, a low-income tenant, had lived at the Association's property for over a decade. His rent was subsidized based on his income. In 2023, he failed to provide all required information for the annual income review, resulting in the loss of his subsidy. He paid $550 instead of $2,500 for October and November 2023, leading to eviction notices.
Legal Arguments/Issues: Mvano argued that Adjudicator Campbell should have inquired into his subsidy eligibility, claiming that not holding a participatory hearing was patently unreasonable and procedurally unfair. He also argued that the Association's previous communications estopped it from enforcing the eviction notice.
Held: The court found the RTB’s decision to be supported by evidence and within legal bounds. The procedural fairness requirements were met as Mvano had an opportunity to dispute the notice but failed to do so.The court dismissed Mvano’s petition and extended the stay of the order of possession until July 31, 2024.
Costs/Damages Awarded: The Affordable Housing Charitable Association was awarded costs at Scale B. The monetary order granted to the Association amounted to $4,000 for unpaid rent and a $100 filing fee.
Court
Supreme Court of British ColumbiaCase Number
S238305Practice Area
Real estateAmount
$ 4,100Winner
RespondentTrial Start Date
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