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Galasso v Chartwell Construction Ltd.

Facts:

  • Petitioners, Robert Galasso and Janjira Saejan, were tenants in a building owned by Chartwell Construction Ltd.
  • A dispute arose when rent for September was unpaid, leading to a 10 Day Notice to End Tenancy.
  • Petitioners contested the eviction, claiming rent was sent to Chartwell’s legal counsel amid allegations of misappropriation.
  • Chartwell sought possession through a Dispute Resolution – Direct Request, arguing the tenants accepted tenancy termination by not paying rent or disputing the notice timely??.

Issues:

  • The main issue was whether the tenants effectively paid or contested the rent demand to avoid tenancy termination.
  • The tenants argued they paid rent on time by sending it to the landlord's counsel and later depositing it directly into Chartwell’s bank account??.

Court's Ruling:

  • The court extended the interim stay of possession, allowing the judicial review application to proceed.
  • It noted some merit in the tenants' arguments regarding payment methods and timelines, despite Chartwell’s contention of proper notice and procedure following the Residential Tenancy Act??.

Costs/Damages:

  • Not explicitly detailed in the provided segments, but the focus was on the stay of possession and the right to tenancy, rather than financial compensation.
Chartwell Construction Ltd.
Law Firm / Organization
Not specified
Sharon Pretty
Law Firm / Organization
Not specified
Elaine Guile
Law Firm / Organization
Not specified
Robert Stephen Galasso
Law Firm / Organization
Self Represented
Janjira Saejan
Law Firm / Organization
Not specified
Lawyer(s)

R.S. Galasso

Supreme Court of British Columbia
S229533
Real estate
Not specified/Unspecified
Petitioner