Defendant
Petitioner
Overview:
The case involved 0808799 B.C. Ltd. (doing business as Coldwell Banker Prestige Realty) seeking judicial review of a decision by the Residential Tenancy Branch (RTB). Coldwell Banker acted as the agent for property owner Jingyi Zeng, renting a house to tenants Penelope White and William White. Coldwell Banker issued a notice to end the tenancy for the landlord's use of the property.
Legal Issues:
The Whites argued that neither Zeng nor a family member moved into the property as stated in the notice. The RTB ordered Coldwell Banker to compensate the tenants 12 months' rent under section 51 of the Residential Tenancy Act for the landlord’s failure to meet the notice's purpose. Coldwell Banker challenged the RTB's authority to make the compensation order, claiming it was not the "landlord" under section 49 of the Act. The tenants also sought reimbursement for emergency repairs and their security deposit.
Judgment:
The Supreme Court of British Columbia upheld the RTB's decision. The court ruled that Coldwell Banker was the landlord under the broader definition in the Act and could be liable for compensation. The court found no error in the RTB's award for emergency repairs or failure to return the security deposit.
Costs/Awards:
The tenants were awarded a total of $148,161, including $120,000 for failure to use the property, $15,061 for emergency repairs, and $13,000 for the security deposit. The petition was dismissed, with costs awarded to the tenants.
Court
Supreme Court of British ColumbiaCase Number
S240587Practice Area
Real estateAmount
$ 148,161Winner
RespondentTrial Start Date
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