Background: Jonathan Partridge, the tenant, appealed a decision that upheld his eviction by Aquaterra Management Ltd., the landlord, under the Residential Tenancy Act (RTA). The eviction stemmed from Partridge's unauthorized installation of a dishwasher and placing a box over a smoke detector, which the landlord claimed posed significant safety risks.

Legal Issues: The main legal issues involved whether the landlord had the right to evict Partridge under section 47(1)(d) of the RTA, which allows eviction if a tenant’s actions seriously jeopardize safety or put property at significant risk. Partridge argued the landlord had initially elected to proceed under section 47(1)(h), which would have required giving him an opportunity to remedy the breaches. He also contended that the reasons for the arbitrator’s decision were inadequate and that he was justified in refusing the landlord entry to his unit.

Court’s Decision: The Court of Appeal dismissed Partridge’s appeal, agreeing that the eviction under section 47(1)(d) was justified. The court found that the arbitrator’s decision was not patently unreasonable and that the landlord was not obligated to provide an opportunity to remedy the breaches. The court also held that the landlord had a right to inspect the unit to ensure safety.

Costs: The appeal was dismissed, but the document did not specify any costs awarded in favor of the successful party.