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Xu v. Jin, 2025 BCSC 307

Issue: Overturning a finding that a landlord's evidence of occupancy was insufficient

Bright Law acted for the landlord in this judicial review. After our client ended the tenancy for landlord's use, the tenant applied to the RTB for twelve months' rent in compensation, alleging the unit had never been occupied. Our client put forward evidence that she had in fact moved in, but the arbitrator found that evidence insufficient and awarded the tenant compensation. On judicial review, the Supreme Court found in our client's favour and set the decision aside. Success here meant overturning a compensation award that rested on too demanding a view of the evidence, and vindicating a landlord who had done what the law required.

Link to the full decision here: https://canlii.ca/t/k9q3w

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