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LANDLORD AND TENANT RELATIONSHIP - Termination of relationship

Wednesday, May 01, 2019 @ 8:14 AM  

Lexis Advance® Quicklaw®
Appeal by the tenant from a decision of a chambers judge refusing to allow the tenant to advance a claim for relief from forfeiture. The landlord terminated the tenancy and the Residential Tenancy Branch confirmed the termination and granted the landlord’s request for an order for vacant possession. On judicial review, the tenant sought to advance a claim for relief from forfeiture under the Law and Equity Act.

HELD: Appeal dismissed. A court could not relieve against forfeiture of a residential lease after a landlord terminated the lease for cause and obtained an order for possession and the tenant exhausted his remedies under the Residential Tenancy Act. Relief could not be granted from statutory forfeiture. The forfeiture in this case was statutory and was one of the fundamental actions regulated by the Act. Permitting a petition to be brought to the court for relief against forfeiture would undermine the administrative system under the Act in its entirety and create a second-tier of litigation clearly not contemplated by the Act.

Seignoret v. Bakonyi Holdings Ltd., [2019] B.C.J. No. 516, British Columbia Court of Appeal, P.M. Willcock, G. Dickson and G.J. Fitch JJ.A., April 2, 2019. Digest No. TLD-April292019007