Choi v. Westbank Projects Corp.
Chong-Kuen (Eric) Choi
Law Firm / Organization
MLT Aikins LLP
Kyung (Kay) Won Choi
Law Firm / Organization
MLT Aikins LLP
Westbank Projects Corp.
PW Comox Development Limited Partnership
PW Comox Holdings Ltd.
PW Comox GP Inc.
Westbank Pacific Realty Corp.
Director of the Residential Tenancy Branch
Law Firm / Organization
Not Specified
Lawyer(s)

J.M. Patrick

Overview:
The case involved an appeal by tenants Chong-Kuen (Eric) Choi and Kyung (Kay) Won Choi. The respondents, Westbank Projects Corp. and associated entities, alleged negligence after a sprinkler nozzle was damaged, causing $250,000 in property damage.

Legal Issues:

  • Jurisdiction: The tenants argued the matter fell exclusively under the Residential Tenancy Act (RTA) and should be decided by the Residential Tenancy Branch (RTB).
  • Procedural Irregularities: The tenants claimed the landlords failed to file a petition as required to invoke Supreme Court jurisdiction over RTA matters.
  • Negligence Claim: The landlords alleged negligence unrelated to the tenancy agreement, seeking damages exceeding the small claims limit.

Court Findings:

  • The court ruled it was not "plain and obvious" that the Supreme Court lacked jurisdiction. The negligence claim did not depend solely on tenancy obligations and exceeded the monetary threshold for RTB disputes.
  • Procedural irregularities in using a notice of civil claim (NOCC) instead of a petition were deemed non-fatal under Rule 22-7 of the Supreme Court Civil Rules.

Outcome and Costs:
The Court of Appeal dismissed the appeal, affirming that the Supreme Court had at least shared jurisdiction over the claim. There was no specific award of costs or damages indicated in the judgment, as the matter was procedural and did not resolve the negligence claim.

Court of Appeals for British Columbia
CA48937
Real estate
Respondent