Sefcikova v. Orca Realty Inc.
Gabriela Sefcikova
Law Firm / Organization
Not Specified
Lawyer(s)

Kamil Sefcik

Kamil Sefcik
Law Firm / Organization
Self Represented
Orca Realty Inc.
Law Firm / Organization
Not Specified
Lawyer(s)

C. Gray

Sandra Bayliss
Law Firm / Organization
Not Specified
Lawyer(s)

C. Gray

Director of the Residential Tenancy Branch
Law Firm / Organization
Not Specified

Background:
Gabriela Sefcikova and Kamil Sefcik, tenants, appealed a Supreme Court decision that dismissed their damages claim against their former landlord, Sandra Bayliss, and Orca Realty Inc., a property management company. The dispute stemmed from a two-month eviction notice Bayliss served under the Residential Tenancy Act in 2021, claiming she needed the premises for personal use. The tenants argued that Bayliss did not occupy the property within a reasonable time as required by the Act.

Legal Issues:
The tenants sought compensation under Section 51(2) of the Act, which mandates landlords to pay tenants 12 months' rent if they fail to occupy the premises within a reasonable time after eviction. However, the Residential Tenancy Branch (RTB) has exclusive jurisdiction over such claims, except when damages exceed a monetary limit, in which case the Supreme Court can be involved. The tenants combined statutory damages with other claims, raising jurisdictional questions. The Director of the RTB sought to intervene, arguing the court had improper jurisdiction and that he should have been notified of the proceedings.

Rulings:
The court granted the Director leave to file a factum as an intervener but declined to allow him to appeal, citing procedural inefficiencies. The Director’s role in the appeal would be determined by the panel hearing the case. No award or costs were specified in this judgment, as the focus was on the procedural aspects of the Director’s intervention.

Court of Appeals for British Columbia
CA49883
Real estate
Other