Case information

Administrative law — Judicial review — Appeals — Ruling by Residential Tenancy Branch issuing order of possession of rental unit to landlords under provincial legislation — Chambers judge allowing tenants’ judicial review and ordering Residential Tenancy Branch to reconsider its decision — Court of Appeal ruling Residential Tenancy Branch’s decision was not patently unreasonable — Whether Court of Appeal erred in allowing appeal — Residential Tenancy Act, S.B.C. 2002, c. 78.

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Sasan Momeni and Ailin Arsham were landlords to Michale Percy and Kimberley Newman. The landlords issued a Notice to End Tenancy for cause under the Residential Tenancy Act, S.B.C. 2002, c. 78. The tenants disputed the notice and the matter was reviewed by a Residential Tenancy Branch arbitrator who confirmed the one-month notice to end tenancy on two distinct grounds. The arbitrator awarded an order of possession to the landlords and the tenants left the rental unit.

On judicial review, a chambers judge accepted the findings of the arbitrator on one of the grounds but sent the issue back for reconsideration on the other.

The Court of Appeal allowed the landlords’ appeal and held that the chambers judge erred in two aspects. First, once one ground for the notice was established, the order of possession was mandatory. Second, nothing in the arbitrator’s decision met the stringent standard of review of patent unreasonableness.