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Sull v. Trevitt, 2024 BCSC 1463

Issue: Procedural fairness when an award exceeds the amount the tenant claimed

Bright Law acted for the tenant across this trilogy of decisions. Our client moved out after receiving a notice to end tenancy for landlord's use, on the understanding that the property had been sold and the purchasers intended to occupy it. In reality, the landlord and the purchaser had only entered into an option agreement to buy the property at some future point. Our client applied to the RTB for compensation, claiming $35,000 — less than the roughly $69,000 a full twelve-month award would have provided. The RTB awarded compensation, but on judicial review the Supreme Court found that the gap between what was claimed and what was awarded made the decision procedurally unfair, and sent the matter back to the RTB for reconsideration.

Link to the full decision here: https://canlii.ca/t/k68b4

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