A Canadian-Chinese landlord who improperly evicted tenants has lost a lawsuit and must pay CAD 39,000 in compensation! The application for judicial review was rejected!

According to CTV News on May 13, a Vancouver landlord tried to overturn the ruling that ordered her to pay CAD 39,000 in compensation for improperly evicting tenants, but was recently rejected by the British Columbia Supreme Court.

According to a court ruling released last month and made public on Monday, landlord Jian Shuang Huang purchased a unit at 1005 Beach Ave in August 2023.

Tenants Kevin Mathew Stroesser and Mona Lotfizadeh previously rented the two-bedroom apartment for CAD 3,245 per month.

The judgment stated that the two tenants received a "landlord's own use" termination notice from the landlord for two months at the end of May 2023 and moved out on July 31.

A year later, the tenants complained to the British Columbia Residential Tenancy Branch (RTB) that the landlord, Ms. Huang, did not personally move into the property as stated in the eviction notice.

Huang Jian Shuang claimed during the hearing that she and her daughter moved into the unit on August 1, 2023, but the RTB arbitrator found the evidence insufficient and could not prove that she actually lived there. Ultimately, the arbitrator ruled that the landlord must pay the two tenants CAD 39,040 in compensation, equivalent to the total rent they paid in the previous year, plus related costs of the RTB.

Huang Jian Shuang had previously applied to the RTB for reconsideration of the decision, but it was rejected. She then filed a judicial review with the British Columbia Supreme Court, claiming that the arbitrator's decision was "manifestly unreasonable," citing reasons including an incorrect definition of "residence," misunderstanding of evidence, excessively high burden of proof, and insufficient justification.

However, Justice Jacqueline D. Hughes dismissed Huang Jian Shuang's application for judicial review, finding that she failed to provide sufficient grounds to show that the RTB's decision was unreasonable.

Huang Jian Shuang argued that the arbitrator misunderstood and ambiguously defined the term "occupancy" and incorrectly focused on "vacant possession." However, Justice Hughes pointed out that the arbitrator clearly stated that Huang Jian Shuang did not actually reside in the unit and cited legal definitions of "possession," explaining that "ownership but vacant" does not constitute "residence."

Regarding the dispute over evidence, Huang Jian Shuang claimed that the arbitrator did not seriously consider the evidence she submitted, including her oral statement, utility bills, and documents proving her ownership. However, the judge pointed out that the arbitrator reasonably explained why these pieces of evidence were not accepted.

According to the ruling, the arbitrator noted that Huang Jian Shuang had "ample time" to prepare for the hearing, such as providing photos taken inside the unit during her occupancy, letters or packages mailed to the address, but she failed to submit any convincing supporting documents. Therefore, the arbitrator had "serious doubts" about her credibility.

This also became the basis for Judge Hughes' rejection of Huang Jian Shuang's arguments regarding "excessive burden of proof" and "insufficient justification."

The landlord argued that the arbitrator's comments on the "disturbing lack of evidence" indicated that she imposed the "beyond a reasonable doubt" standard of proof, which is not usually required in civil cases. However, the judge believed that the arbitrator merely pointed out that her evidence was insufficient to meet the usual "preponderance of evidence" standard (i.e., "more likely than not"), and did not apply an incorrect standard of proof.

In the end, Judge Hughes dismissed Huang Jian Shuang's application for judicial review, and the original RTB ruling remained valid.

Source of news:

https://www.ctvnews.ca/vancouver/article/vancouver-condo-buyer-ordered-to-pay-evicted-tenants-39k-after-failing-to-prove-she-moved-into-unit/

Original text: https://www.toutiao.com/article/7504845936863101440/

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