Sandhu v. Gill, 2024 BCSC 412

Bright Law acted for the landlord in this judicial review. Our client ended the tenancy for landlord's use, and the tenant disputed the notice as not having been given in good faith. The arbitrator granted our client an order of possession, but framed the reasons in a way that suggested the tenant bore the burden of disproving good faith, rather than the landlord bearing the burden of establishing it. On judicial review, the Supreme Court held that this reversal of the onus rendered the decision patently unreasonable. The case now stands as a clear statement of where the burden lies in good-faith disputes — an issue that arises constantly in landlord's-use matters.

Link to the full decision here: https://canlii.ca/t/k3d8w