Kong v. Lai
Stephen Poh Chew Kong
Law Firm / Organization
Self Represented
Yan Bo Kevin Lai
Law Firm / Organization
Westside Family Law
Lawyer(s)

Chong Ke

Jilei Sun
Law Firm / Organization
Westside Family Law
Lawyer(s)

Chong Ke

Background:
Stephen Poh Chew Kong, the appellant, entered into a residential tenancy agreement in December 2021 to rent a Vancouver property managed by Yan Bo Kevin Lai, acting as an agent for landlord Jilei Sun. A dispute arose over unpaid rent, leading to a settlement and an order of possession in favor of the landlord.

Legal Issues:
Kong applied for a stay of an order that refused to extend an interim stay on the order of possession, arguing that the settlement was unconscionable and obtained through coercion. He also claimed the settlement ignored his claims for emergency repair costs and quiet enjoyment.

Court's Decision:
The Court dismissed Kong's application for a stay, ruling that there was no serious question to be tried regarding the refusal to extend the stay. The Court found Kong's allegations of irreparable harm unsupported, noting that he could still pursue his judicial review despite enforcement of the possession order.

Costs:
The Court awarded ordinary costs to the landlord, rejecting the request for special costs as it did not find Kong's conduct scandalous, outrageous, or reprehensible.

No specific monetary award in favor of the landlord beyond ordinary costs was detailed.

Court of Appeals for British Columbia
CA50045
Real estate
Respondent