Background:
Wayne Moore, the appellant tenant, appealed a Residential Tenancy Branch (RTB) decision that upheld his eviction from an apartment he had occupied for 15 years. His landlord, Kevin Cheung, served him a one-month notice to end tenancy under the Residential Tenancy Act (RTA), S.B.C. 2002, c. 78, citing a significant risk to property due to water damage. Moore contested the cause of the damage, claiming the landlord failed to repair pre-existing leaks.

Legal Issues:
Moore argued that the RTB decision was patently unreasonable and that the adjudicator held him to a higher evidentiary standard than the landlord. He also alleged bias in the tribunal’s decision-making. The court applied the R.J.R.-MacDonald Inc. v. Canada test for a stay pending appeal, evaluating (1) merit, (2) irreparable harm, and (3) balance of convenience.

Court's Decision:
The court granted Moore a stay of eviction, finding that:

• His appeal had some merit, as the RTB's credibility findings might have been unfairly applied.

• Eviction would cause irreparable harm, given his low income and long-term tenancy.

• The balance of convenience favored Moore, provided he paid rent and allowed repairs.

Costs and Award:
The court ordered Moore to resume paying $1,350 in monthly rent and comply with remediation efforts. Costs were left to be determined at the end of the appeal.