Respondent
Petitioner
Background: City2City Real Estate Services Inc., represented by Zihao Chen, sought judicial review of an arbitrator’s decision regarding a tenancy dispute with Mohan Wang. The dispute centered on rent payment obligations after Wang vacated the rental unit on April 6, 2023. Wang proposed paying rent for only the first six days of April, which the landlord initially did not object to but later contested.
Legal Arguments/Issues: City2City argued that the hearing before Arbitrator Kirk was procedurally unfair. They claimed the landlord did not receive the tenant’s evidence in advance and was not given a chance to respond. Additionally, the landlord challenged the accuracy of a non-certified translation of a WeChat conversation used to determine the rent agreement. The landlord also contended that Wang did not properly serve documents according to the Residential Tenancy Act and its regulations.
Court's Ruling: The court found that the tenant failed to comply with statutory requirements for serving evidence. The landlord did not receive the tenant’s evidence before the hearing, impeding his ability to respond. The arbitrator’s reliance on the non-certified translation without allowing the landlord time to contest it was deemed procedurally unfair. The court set aside the arbitrator’s decision regarding the monetary order for unpaid rent and directed the Director or her delegate to reconsider the landlord’s application under the Judicial Review Procedure Act.
Costs/Damages Awarded: The document did not detail specific costs or damages awarded in favor of the successful party.
Court
Supreme Court of British ColumbiaCase Number
S240453Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date
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