Respondent
Petitioner
Background: Ruben Ricardo Castelblanco Contreras was a tenant of More Than a Roof Mennonite Housing Society. The tenancy agreement from October 1, 2018, required rent payment via pre-authorized payment or post-dated cheques. Contreras paid rent with money until January 2024. In February 2024, he provided a typewritten document titled "Notice of Claim to Interest - 1st Attempt" instead of money. The landlord rejected this as rent and issued a 10-day notice to end the tenancy.
Legal Arguments/Issues: Contreras argued that the lease allowed him to pay rent through the typewritten document, claiming it was a financial asset. He cited statutes like the Personal Property Security Act and the Bills of Exchange Act to support his claim that the document was valid tender. The RTB arbitrator dismissed his application, stating that the "Notice of Claim to Interest" did not meet the lease agreement's requirements for rent payment and was not considered "value given" under the Residential Tenancy Act.
Held: The Supreme Court of British Columbia reviewed the RTB's decision and found it was not patently unreasonable. The court upheld the RTB's ruling that the lease required rent to be paid with money, not a self-prepared document. Contreras' arguments were deemed misconstrued and without legal merit. His petition was dismissed.
Costs/Damages Awarded: The court awarded costs against Ruben Ricardo Castelblanco Contreras in favor of More Than a Roof Mennonite Housing Society for the judicial review proceedings. The specific amount was not detailed.
Court
Supreme Court of British ColumbiaCase Number
S242736Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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