Notable Court Decisions
At Bright Law, the vast majority of our matters are resolved without the need for a court hearing — a testament to our commitment to practical, efficient advocacy. Of the cases that do proceed to a hearing, only some result in written decisions from the courts.
This page highlights some of those notable cases in which we participated, where written reasons were issued. Each entry includes a brief summary of the decision, along with a direct link to the full judgment. Over time, we’ll be expanding these summaries with deeper commentary and insights to reflect not only the legal significance of each case, but also the strategies that helped shape the outcome.
The tenants in this case changed locks to the rental unit without obtaining their landlords' consent, first. The landlords issued a notice to end tenancy for cause, ending the tenancy. This initiated a cascade of disputes between the parties, which you can read more about here (link coming soon). This decision is referenced in RTB Policy Guideline 55.
The purchasers of a property decided to take occupany of the tenanted home they purchased. The issued a notice to end tenancy for landlords use, but agreed to end the tenancy by way of mutual agreement, instead. The property required extensive repairs before becoming habitable, and the tenant brought a claim alleging that the purchasers failed to move in within a reasonable period of time. Read more here (link coming soon).
The tenant brought a claim alleging that the landlord failed to move into the property after issuing a notice to end tenancy for landlords use. In bringing the claim, the tenant failed to serve the landlord properly, which resulted in the landlord being unaware of the RTB hearing and therefore not attending. The RTB awarded the tenant 12-months' rent as compensation, and the court set that decision aside, remitting the matter to the RTB for reconsideration. Read more here (link coming soon).
The tenants brought an application alleging that the purchaser's of the property, who ended their tenancy, did not move in. The landlord's daughter - a university student - had moved in, but spent significant time on campus and was unable to attend the hearing, which resulted in the landlords being ordered to pay 12-months' rent in compensation to the tenants. This case overturned the RTB's decision and substituted the court's own decision instead - which is a rare remedy. Read more here (link coming soon).
The landlords sought to regain possession of their rental unit in order to accomodate their son, who intended to move into it. After issuing a notice that was disputed by the tenant, the parties attended a hearing before an RTB arbitrator. At the hearing, the tenant argued that the dispute had been determined in a previous hearing and without allowing the landlord to respond, the arbitrator ended the hearing. This decision overturns the RTB's decision and remits the matter to the RTB for a rehearing. read more here (link coming soon).
The landlords issued a notice to end tenancy for landlords use on the tenant, which the tenant disputed, alleging bad faith. The parties attended a hearing before the RTB, where the landlords were successful in obtaining an order of possession for the unit. The RTB's decision, however, was worded in such a way that it suggested the onus of proof to have been reversed, thereby rendering it patently unreasonable, which this case explains. Read more here (link coming soon).
The tenant brought a claim for 12--months' rent as compensation, alleging that the landlord had failed to move in contrary to the notice to end tenancy for landlords use that they issued. The landlord provided evidence to the RTB demonstrating that she had moved in, but the RTB determined that the evidence was insufficient. The landlord successfully challenged the decision, remitting the matter to the RTB for a new hearing. Read more here (link coming soon).
The tenant withheld rent in this dispute, based on the allegation that the property was not safe to live in and allegedly required maintenance in the form of removal of several trees on the property. After receiving and disputing a notice to end tenancy for unpaid rent, the tenant was ordered to vacate the property, which was ultimately enforced with the assistance of court bailiffs. The tenant subsequently applied to set aside the order of possession in an effort to regain possession of the unit, unsuccessfully. Read more here (link coming soon).
The landlord, who issues a notice to end tenancy for landlords use on their tenant to allow his daughter to move into the property, argued that extenuating circumstances prevented his daughter from moving in. The arbitrator's determination that the daughter's circumstance could have been reasonably foreseen was challenged. Read more here (link coming soon). This decision is referenced in RTB Policy Guideline 50.
This dispute started with a tenant's failure to pay their rent, being evicted because of it, and the tenant going through great lenghts to complicate and convolute the court process. It is oft-cited for its succinct summary of the legal standard of review.
The tenant moved out pursuant to a notice to end tenancy for landlords use, on the basis that the property had been sold and the purchasers intended to move in themselves. In reality, the landlord and a purchaser entered into an option agreement for the purchasers to buy the property at some future time. In bringing an application to the RTB seeking 12-months' rent as compensation, the tenant sought $35,000 instea of the $69,000 they were entitled to. The RTB accepted the tenant's claim and awarded them compensation, but the court found the difference between the amount claimed and what was ultimately awarded to have resulted in a procedurally unfair decision, remitting the matter to the RTB. Read more about this case here (link coming soon).
This judicial review decision comes after the case described above was remitted to the RTB for reconsideration, at which time the RTB arrived at the same conclusion as before, awarding the tenant 12-months' rent as compensation. The landlord sought to judicially review the second decision as well, this time unsuccessfully. Read more aout this case here (link coming soon).