Background: Cheryl Ann Stein, the plaintiff, alleged that she suffered damage and loss when Rany Ratushny and other defendants wrongfully denied her access to her rental apartment in the summer of 2021. She sought damages for personal injury, breach of privacy, negligence, and emotional distress, explicitly excluding issues handled by the Residential Tenancy Branch (RTB).

Legal Arguments/Issues:

• Abuse of Process: Defendants argued the claim should be struck as an abuse of process, citing duplication of RTB proceedings. The court found the claim was not clearly a collateral attack on RTB orders or duplicative of RTB proceedings.
• Doctrines of Failure: Defendants contended the claim was doomed to fail, scandalous, frivolous, or vexatious due to its prolixity and confusion. The court acknowledged shortcomings but allowed Stein an opportunity to amend her claim, particularly regarding defamation.

RTB Disputes: The RTB had adjudicated multiple disputes between the parties related to tenancy issues, with some settled and others ongoing. The court noted these disputes but found the civil claim distinct enough to proceed.

Court's Decision: Justice E. McDonald declined to strike the claim but granted Stein leave to amend her claim to address the identified deficiencies, such as pleading material facts for defamation. Defendants were permitted to reapply to strike if the amendments were not made within three months or remained insufficient.

Costs/Awards: No specific costs or awards were detailed in favor of the successful party within this document.