Momeni v. Percy, 2024 BCCA 77

Bright Law acted for the landlords in this Court of Appeal decision. The tenants had changed the locks to the rental unit without the landlords' consent, and our clients issued a notice to end the tenancy for cause. An RTB arbitrator upheld the notice on two separate grounds and granted an order of possession. On judicial review, the chambers judge accepted one ground but returned the other for reconsideration. The Court of Appeal allowed our clients' appeal, holding that once a single ground for a notice is established an order of possession is mandatory, and that nothing in the arbitrator's reasons met the demanding standard of patent unreasonableness. The decision is now cited in RTB Policy Guideline 55 — a measure of the role this case has played in clarifying the law.

Link to the full decision here: https://canlii.ca/t/k35lv