Appellant
Respondent
Background: Theodora Neyereh Najaripour, a tenant at Brightside Community Homes, a non-profit organization providing subsidized housing, failed to provide requested bank statements to prove her eligibility for a rent subsidy. As a result, Brightside increased her rent to the market rate of $1,553 per month and issued a notice to end her tenancy for unpaid rent.
Legal Arguments/Issues: Najaripour sought judicial review of the Residential Tenancy Branch (RTB) decision that upheld the notice to end tenancy. She contended that Brightside's demand for bank statements was unreasonable since she claimed not to have a bank account. Additionally, she argued that she was denied procedural fairness during the RTB hearing because she was not allowed to recall witnesses or cross-examine the landlord's agent. The legal issues included whether the RTB's decision was patently unreasonable, whether the tenancy agreement required the provision of financial documentation, and whether procedural fairness was upheld.
Held: The Court of Appeal dismissed Najaripour's appeal, ruling that the RTB's decision was reasonable. The court found that the tenancy agreement indeed required Najaripour to provide financial documentation, and Brightside was justified in requesting bank statements. The court also determined that there was no procedural unfairness in the RTB proceedings, as the arbitrator's decisions regarding witness recall and cross-examination were within their discretion.
Costs/Damages Awarded: Najaripour was ordered to pay $11,840 in unpaid rent arrears to Brightside Community Homes. An order of possession was also granted to the landlord.
Court
Court of Appeals for British ColumbiaCase Number
CA49494Practice Area
Real estateAmount
$ 11,840Winner
RespondentTrial Start Date
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