Yeoman v Universal Realty Ltd.
Universal Realty Ltd.
Law Firm / Organization
Not Specified
Lawyer(s)

Bernalle Loewen

The Office of the Residential Tenancies

Overview:
Faye Yeoman (Appellant) appealed a decision by the Office of Residential Tenancies (ORT) involving Universal Realty Ltd. (Respondent) under the Residential Tenancies Act, 2006 (Saskatchewan). The case centered on a landlord’s application for possession of a rental unit following the tenant's alleged failure to vacate after proper notice.

Key Legal Issues:

  1. Sufficiency of Reasons: The court found the hearing officer's decision lacked detailed reasons, making it unclear how evidence and arguments were considered.
  2. Standard of Review: The appellate court applied the correctness standard for questions of law, citing inadequate legal analysis under Section 70(6) of the Residential Tenancies Act.
  3. Equitable Considerations: The hearing officer failed to conduct a meaningful analysis of whether the possession order was "just and equitable," focusing instead on procedural compliance.
  4. Bias Allegations: While bias was alleged, the court did not make findings on this point, given other determinative issues.

Outcome:
The appeal was allowed. The King’s Bench quashed the ORT decision, including the possession order, and remitted the case for a new hearing before a different officer.

Costs and Awards:
No specific monetary costs or damages were awarded in this decision. The matter was returned to the ORT for rehearing on substantive issues.

Judgment:
Justice R.W. Danyliuk highlighted systemic issues in the ORT’s decision-making process and emphasized the need for adequate reasoning and procedural fairness.

Court of King's Bench for Saskatchewan
KBG-SA-00474-2024
Civil litigation
Appellant