Background: The case involved Brian Hill, the Applicant, and Princess Resort and RV Park Partnership, the Respondent, with the Westbank First Nation as the Third Party. The dispute arose over the termination of Hill's tenancy for a mobile home pad on Westbank First Nation land.

Legal Arguments/Issues: Hill argued that he was owed $5,610 under WFN law for the termination of his tenancy. He also claimed additional damages for bad faith, citing the non-payment of the statutory amount and coercion to remove his mobile home. The Respondent argued that Hill was obligated to deliver vacant possession at the termination of the tenancy and sought damages for removing the remnants of Hill's mobile home. While the Respondent admitted to owing the statutory payment, they withheld it, claiming a set-off against their damages.

Held: The court concluded that Hill was required to deliver vacant possession, making him liable for trespass. It was determined that the Respondent was obligated to pay the statutory amount without set-off. Hill's claim for additional compensation was dismissed, but the court found that the Respondent’s failure to pay the statutory amount was unlawful.

Costs/Damages Awarded: Hill was awarded $5,610 as the statutory payment and $5,000 in punitive damages. The Respondent was awarded $1,000 for trespass damages. The total award in favor of Hill was $10,610, while the total costs against Hill were $1,000.