Kong v. Lee, 2021 BCSC 606
Issue: Defending a landlord's monetary award on judicial review under the patent-unreasonableness standard.
Bright Law acted for the landlord in this judicial review of two Residential Tenancy Branch decisions. The tenant challenged both decisions as patently unreasonable and procedurally unfair, advancing a wide range of claims including loss of quiet enjoyment, frustration, and aggravated damages. We successfully defended the entirety of the second decision and the substance of the first, with the Court upholding the arbitrator's findings on every issue but one narrow point concerning the quantum of unpaid rent, which it returned for reconsideration. The Court rejected the tenant's procedural-fairness arguments in full and declined to award him special or double costs, leaving each party to bear their own.
Link to the full decision here: https://canlii.ca/t/jf3h7

