Fife Holdings appealed the decision of the Small Claims Court, which overturned a 2022 decision by the Director of Residential Tenancies granting Fife early termination of Van Den Eynden’s lease for renovation purposes.
Key Issues on Appeal:
Standard of Review: The court can only review errors of law, jurisdictional errors, or failures of natural justice.
Legal Errors Alleged by Fife:
Misapplication of the legal test under the Residential Tenancies Act for requiring vacant possession for renovations.
Imposing an unnecessarily high burden of proof on Fife.
Adjudicator's consideration of hearsay evidence.
Procedural unfairness in addressing evidence presented late.
Court’s Decision:
The court found that the Small Claims Court Adjudicator applied an incorrect legal test by requiring Fife to prove that the renovations were "necessary" rather than focusing on whether the renovations required vacant possession.
The appeal was allowed, and the matter was remitted to the Small Claims Court for a new hearing by a different adjudicator.
Outcome:
The Small Claims Court’s decision was set aside, and a new hearing was ordered. The Director's earlier decision to terminate the lease was stayed pending a rehearing. The appeal outcome was procedural, and no financial award was granted at this stage.
