Respondent
Petitioner
Case Overview:
The case involved a judicial review of a Residential Tenancy Branch (RTB) decision regarding a long-standing dispute between No. 151 Cathedral Ventures Ltd. dba Summerland Beach R.V. Park & Campground (the petitioner/landlord) and Judith McAllister and Linda Snow (the respondents/tenants). The dispute centered on whether the 2012 lease or the 2009 lease governed the tenancy and whether the respondents owed $22,988.46 in unpaid rent.
Legal Issues:
The petitioner argued that the 2012 lease was valid and enforceable, requiring monthly rent of $425 instead of the $2,285 annual rent under the 2009 lease.
The RTB arbitrator ruled in favor of the tenants, finding that the 2012 lease was not binding and that the petitioner was estopped from enforcing it.
The petitioner challenged the RTB decision as patently unreasonable, claiming errors in assessing estoppel, procedural fairness, and credibility.
Court Decision:
The Supreme Court of British Columbia found the RTB decision patently unreasonable, as it failed to properly analyze the validity of the 2012 lease and the application of estoppel. The court remitted the case back to the RTB for rehearing.
Costs and Awards:
The court did not award costs to either party, ordering that each party bear its own costs.
Court
Supreme Court of British ColumbiaCase Number
S48526Practice Area
Real estateAmount
Winner
PetitionerTrial Start Date