Gong v. Zhang
Quan Gong
Law Firm / Organization
Self Represented
Yu Yi Zhang
Law Firm / Organization
Not Specified
Lawyer(s)

T. Guo

Background: The dispute began when the landlord, Yu Yi Zhang, issued a one-month notice to end tenancy on April 11, 2021. Quan Gong, the tenant, sought to challenge this notice through the RTB. The RTB held two hearings and issued five key decisions between August 24, 2021, and October 14, 2021. The RTB's substantive decision on October 1, 2021, dismissed Gong's application and ordered her to vacate the rental unit. Gong was removed from the premises on October 28, 2021, following the enforcement of a writ of possession.

Legal Arguments/Issues: Quan Gong appealed the dismissal of her petition for judicial review of the RTB decisions concerning her eviction. The chambers judge ruled the petition moot as Gong no longer resided in the rental unit, making any decision on the matter purposeless. The appellant's submissions were described as unfocused and scandalous, with the respondent seeking special costs due to Gong's conduct, which included baseless allegations of misconduct against the RTB and court staff.

Court’s Decision: The Court of Appeal dismissed the appeal, agreeing with the lower court's ruling on mootness and finding no proper ground for appellate intervention. The court ordered special costs against Quan Gong, deeming her conduct deserving of rebuke for making baseless and speculative claims. The total amount of costs awarded in favor of the successful party, Yu Yi Zhang, was not specified in the document.

Court of Appeals for British Columbia
CA48722
Real estate
Respondent