Panaich v. Martin, 2023 BCSC 2149

Bright Law acted for the landlords in this judicial review. After the tenancy ended, the tenants applied to the RTB for twelve months' rent in compensation, alleging the property had not been occupied as required. In fact the landlord's daughter, a university student, had moved in, but she spent much of her time on campus and was unable to attend the RTB hearing, and the arbitrator ordered our clients to pay the full twelve months. On judicial review, the Supreme Court not only overturned the RTB's decision but substituted its own decision in its place rather than sending the matter back — a comparatively rare remedy. Success here meant eliminating a substantial award outright and sparing our clients a second hearing.

Link to the full decision here: https://canlii.ca/t/k1k57