Kwon v. Park
Jung Ja Park
Law Firm / Organization
MacKenzie Fujisawa LLP
Jonathan Kwon
Law Firm / Organization
Lawrence Wong & Associates
Lawyer(s)

Masao Morinaga

Background Facts:
Kwon and his family rented a unit from Park in Burnaby, BC, under a fixed-term lease beginning July 1, 2020. In 2021 and 2022, Park issued two-month notices to end the tenancy, both of which were overturned by RTB arbitrators, citing bad faith. In April 2024, Park issued another two-month notice, claiming her daughter needed to occupy the unit due to impending home renovations. Kwon contested the notice, citing a history of bad faith attempts to evict him.

Legal Arguments/Issues:

  • Kwon argued that Park issued the notice with an ulterior motive and that the arbitrator failed to consider prior disputes between the parties.
  • Park maintained the notice was in good faith because her daughter needed to live in the unit during her home’s renovations.
  • Kwon also claimed the arbitrator misapplied section 64(2) of the RTA.

Court's Decision:
The Supreme Court of British Columbia, presided over by Justice E. McDonald, dismissed Kwon’s petition. The court found the arbitrator properly weighed the evidence and concluded Park acted in good faith.

Costs:
The petition was dismissed with costs awarded to Park. The specific amount was not mentioned.

Supreme Court of British Columbia
S244295
Real estate
Respondent