On Jan. 12, 2010 Madame Justice Loo released her Decision in the Judicial Review of the Seafield rent increase hearing at the Residential Tenancy Branch (RTB).
In April 2009, Gordon Nelson Investments were awarded 38% rent increases from their West End tenants in the Seafield. In Justice Loo’s Decision however, the Dispute Resolution Officer, K. Millar, was found to have erred in law, erred in fact, and made patently unreasonable judgements when she found in favour of the landlord. BC Supreme Court Justice Loo has denied the rent increases, and returned the hearing to the RTB. The tenants are to be refunded the increases they have already paid.
(Read the Decision here)
This is a huge victory and the first bright light for BC renters since the Berry Decision in 2007! It means a landlord doesn’t just get a free ride to use the “Geographic Area Increase” clause for easily obtained and exorbitant rent increases. Tenants will now have a leg to stand on when they fight their cases at the RTB.
We owe a large debt to the Seafielders, who have toiled and lived with this stressful situation for almost a year, and yet had the courage, determination and support, to see their case through to the Supreme Court of BC. Congratulations Seafielders!
Let greedy landlords beware: BC renters fight back!
