1129728 B.C. Ltd. v Kassam
Tariq Kassam
Law Firm / Organization
Yan Muirhead LLP
Lawyer(s)

Nathan J. Muirhead

1129728 B.C. Ltd.
Law Firm / Organization
Gall Legge Grant Zwack LLP
Lawyer(s)

Wendy Zhang

- Parties: The petitioner (landlord) was 1129728 B.C. Ltd. The respondent (former tenant) was Tariq Kassam. 

- Subject Matter: The Residential Tenancy Branch (RTB) addressed the issue of whether extenuating circumstances prevented the petitioner or one of its shareholders from occupying the respondent’s rental unit within a reasonable period of time after the petitioner terminated his tenancy for that purpose. The RTB arbitrator found that the landlord or one of its shareholders failed to move into this unit within a reasonable period of time. The arbitrator granted the respondent a monetary order amounting to $102,100, which represented 12 months’ rent at $8,500 per month, plus a $100 filing fee. The petitioner sought judicial review of the RTB arbitrator’s decision. The petitioner wanted the decision to be remitted to the RTB for a new hearing. 

- Ruling: The court ruled in the petitioner’s favour, allowed the petition, and remitted the matter to the RTB for a rehearing. The court concluded that the RTB decision was patently unreasonable. The court held that the arbitrator’s analysis and reasons failed to grapple with the central issue under the applicable statutory framework and failed to meet the minimum standard in Laverdure v. First United Church Social Housing Society, 2014 BCSC 2232. 

- Date: The court released its decision on Jan. 31, 2025. 

- Venue: This was a case before the Supreme Court of British Columbia. 

- Amount: The court found the petitioner entitled to its costs of this petition on the ordinary scale. 

Supreme Court of British Columbia
S241321
Real estate
Petitioner