Respondent
Petitioner
Background:
Olenga and his late mother had rented a subsidized two-bedroom unit from MVHC since 2019. After his mother's death in 2020, MVHC informed Olenga that he was "over-housed" and no longer eligible for a two-bedroom unit, offering him alternatives that he declined. Later, he added Francis Nunoo as a co-tenant, but when Nunoo left without paying his share of the rent, MVHC increased the rent to market rates and issued a 10-day notice to end tenancy for unpaid rent. Olenga disputed the notice, arguing that MVHC's actions were unfair and contributed to his inability to pay.
Legal Arguments/Issues:
Olenga contended that the RTB's decision was unfair due to procedural errors, bias, and a misinterpretation of evidence, particularly regarding his rental assistance eligibility and the acceptance of a co-tenant. He also challenged the rent increase after losing the subsidy. The court examined whether the RTB's decision was patently unreasonable and if the hearing was procedurally fair.
Judicial Review Outcome:
The court found the RTB's decision to be reasonable, supported by evidence, and procedurally fair. The RTB correctly applied the Residential Tenancy Act, and Olenga did not prove that the decision was patently unreasonable.
Costs/Award:
The court dismissed Olenga's petition and affirmed the RTB's decision, including an order for Olenga to pay $678.50 to MVHC, reflecting rent arrears after crediting the security deposit. No costs were awarded to MVHC. Olenga was granted two months to find alternative accommodation, paying $643 per month during that period.
Court
Supreme Court of British ColumbiaCase Number
S244319Practice Area
Real estateAmount
$ 679Winner
RespondentTrial Start Date
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