Paul Samson, a residential tenant, entered a mediated agreement with BCIMC Realty Corp. on November 4, 2016, under the Residential Tenancies Act, 2006 (RTA) to avoid eviction.
The landlord later sought eviction under s. 78 of the RTA for breaching the agreement.
On August 11, 2021, the Landlord and Tenant Board (LTB) ordered termination of the tenancy. Samson filed a motion to set aside the order.
Delays followed, partly due to systemic issues at the LTB.
Key Issue on Appeal
On April 9, 2024, LTB Vice Chair Patchett denied Samson’s adjournment request because:
He had prior knowledge of the hearing but failed to notify the LTB or landlord of scheduling conflicts.
He provided no supporting documents for his absence.
The Vice Chair paused the hearing to allow Samson’s lawyer to contact him, but Samson was in transit and unavailable.
Court’s Decision
Standard of Review: The court applied a correctness standard for procedural fairness and deference for discretionary decisions.
Findings:
The Vice Chair’s decision was reasonable and followed LTB guidelines.
Samson’s lawyer’s temporary suspension did not excuse his failure to secure representation.
No reversible error or procedural unfairness was found.
