In British Columbia, a 73-year-old woman has successfully challenged an eviction order in the B.C. Supreme Court regarding her two-bedroom rental apartment. Janet Fraser contested two rulings by the Residential Tenancy Branch (RTB) that she believed favored her landlord’s intentions without considering the potential for hidden motives.
Living with her 69-year-old deaf partner who battles Stage 4 cancer and multiple sclerosis in an eight-unit rental building, Fraser’s rent of $780 per month, Judge Sandra Sukstorf noted, is notably below market rates. Losing this affordable long-term housing, as stated in the ruling, would significantly impact both Fraser and her partner.
The legal battle ensued after the apartment building was acquired by a new corporate landlord, 1392383 B.C. Ltd. Initially facing an eviction notice due to building demolition and conversion, Fraser attempted to negotiate a rent increase to avoid eviction, but the landlord’s refusal citing higher potential rental income led to the notice’s cancellation due to a clerical error.
Amidst the eviction turmoil, a severe water leak caused substantial damage to Fraser’s apartment, including an unrepaired hole in the ceiling covered only by a tarp. Subsequently, a second eviction notice was served, claiming the unit would be converted into a caretaker’s residence due to its location and accessibility.
Despite Fraser’s resistance to the eviction notices, the RTB arbitrator granted the landlord an order for possession, mandating Fraser to vacate by September 30, 2024. However, Judge Sukstorf deemed the arbitrator’s decision unreasonable, highlighting inconsistencies in the landlord’s justifications and a lack of consideration for potential ulterior motives.
Citing a pattern of questionable eviction practices targeting tenants with below-market rents, the judge emphasized the importance of transparent reasoning in eviction cases involving vulnerable tenants. Consequently, the court overturned the RTB decisions and remanded the case for a new hearing under a different decision-maker to ensure fairness and proper evaluation.