Loh v. Niary, 2024 BCSC 1583

Issue: Denial of a fair hearing when an arbitrator cuts off the landlord's response

Bright Law acted for the landlords in this judicial review. Our clients sought to end the tenancy so their son could move into the rental unit, and the tenant disputed the notice. At the RTB hearing, the tenant argued the dispute had already been decided in an earlier proceeding, and the arbitrator ended the hearing on that basis without giving our clients a chance to respond. On judicial review, the Supreme Court set the decision aside because our clients were denied a fair opportunity to be heard.

Link to the full decision here: https://canlii.ca/t/k6h9c