Case information
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35503
J. Yuen, in the capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act v. Sechelt Indian Band
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-10-27 | Close file on Leave | |
| 2014-10-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-10-24 | Judgment on leave sent to the parties | |
| 2014-10-23 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA040192, 2013 BCCA 262, dated June 5, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-11-04 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2013-10-15 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2013-10-15 | J. Yuen, in the capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act |
| 2013-10-02 | Book of authorities, (Book Form) | Sechelt Indian Band |
| 2013-10-02 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-10-02 | Sechelt Indian Band |
| 2013-09-17 | Correspondence received from, Joel Oliphant re: return of CA order form | J. Yuen, in the capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act |
| 2013-09-04 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2013-09-03 | Book of authorities, (Book Form) | J. Yuen, in the capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act |
| 2013-09-03 | Application for leave to appeal, (Book Form), Final CA order missing. Draft included in application. (rec'd 2013-10-08), Completed on: 2013-10-09 | J. Yuen, in the capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| J. Yuen, in the capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Sechelt Indian Band | Respondent | Active |
Counsel
Party: J. Yuen, in the capacity as a Dispute Resolution Officer under the Manufactured Home Park Tenancy Act
Counsel
Joel Oliphant
3rd floor, 1405 Douglas Street
Victoria, British Columbia
V8W 9J5
Telephone: (250) 356-6519
FAX: (250) 387-0343
Email: Paul.Yearwood@gov.bc.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: Sechelt Indian Band
Counsel
Rebeka Breder
595 Burrard Street
Suite 700
Vancouver, British Columbia
V7X 1S8
Telephone: (604) 647-4105
FAX: (604) 683-5317
Email: jcoady@boughton.ca
Agent
340 Albert Street
Suite 1900
Ottawa, Ontario
K1R 7Y6
Telephone: (613) 787-1009
FAX: (613) 235-2867
Email: pwilson@osler.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Constitutional law — Interjurisdictional immunity — Federal paramountcy — Property — Leases — Whether provincial act regulating landlord-tenant relationships with respect to manufactured homes applies to manufactured homes situated on former reserve lands that have since been transferred to a self-governing Band — Whether Court of Appeal erred in holding that Act was constitutionally inapplicable to those lands — Whether Court of Appeal erred in its application of constitutional law principles — Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77
In 1986, the enactment of the Sechelt Indian Band Self-Government Act, S.C. 1986, c. 27 removed the Sechelt Indian Band from governance under the Indian Act, R.S.C. 1985, c. I-5. By virtue of that Act, the reserve lands of the Band were transferred to it in fee simple.
In 2007, the Band sought to significantly increase the yearly rent to be paid by tenants of a manufactured home park situated on land owned by it. These proposed rent increases exceeded the limits provided for under the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77 (the “MHPTA.). One of the tenants challenged the proposed increase before the provincial Residential Tenancy Board (the “RTB”), empowered under the MHPTA to consider and attempt to resolve disputes between landlords and tenants of manufactured home parks.
The Band took the position that the RTB had no constitutional jurisdiction to hear this dispute as it concerned “Lands reserved for the Indians”, a matter of federal jurisdiction. The Dispute Resolution Officer of the RTB ruled that she did possess constitutional competence to adjudicate the dispute. She held that the proposed rent increases were ineffective. The Band filed an application for judicial review of that decision.
Lower court rulings
Supreme Court of British Columbia
S112734
Application for judicial review of a decision of the Residential Tenancy Branch, dismissed
Court of Appeal for British Columbia (Vancouver)
CA040192, 2013 BCCA 262
Appeal allowed; Declaration that Manufactured Home Park Tenancy Act constitutionally inapplicable to landlord-tenant relationships created by lease on “Indian lands”, issued
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available