Zadeh v. Yao, 2025 BCSC 2215

Bright Law acted for the tenant in this judicial review. After a flood rendered the rental suite uninhabitable, the parties agreed in writing that our client could withhold rent until repairs were complete. The landlord later obtained an order of possession through the direct-request process, claiming over one hundred thousand dollars in arrears, without ever disclosing the rent-suspension agreement, the absence of any demand for payment, or the ongoing dispute about whether the unit was habitable. We argued that the order had been obtained unfairly and that the review decision was patently unreasonable in finding the agreement did not permit the withholding of rent. The Court agreed on both grounds, set aside the order of possession, and returned the matter for a new hearing, with costs to our client.

Link to the full decision here: https://canlii.ca/t/kgd80