Summary and High-Level Takeaways
A British Columbia Supreme Court judge recently overturned a $57,700 award that the RTB had granted to a tenant. The initial award was for 12 months’ rent, based on a claim that the landlord had ended the tenancy in bad faith (claiming the unit for renovation or use). But the court found the hearing process was unfair because the tenant intentionally mis-served the notice—sending it to a wrong address and preventing the landlord from participating. The result: the award was quashed, and the tenant was ordered to pay the landlord’s legal costs plus $3,500 in special costs as a penalty.
Two legal pillars led to this outcome:
RTB Service Rules — The Residential Tenancy Branch requires strict, prescribed methods for serving notices (in person, agent, or registered mail). If none are feasible, one must obtain substituted service permission. (See “Serve notice for dispute resolution” guide)
Procedural Fairness — Courts require that individuals affected by decisions receive proper notice and a fair opportunity to respond. A hearing conducted without giving one side meaningful notice is fundamentally unfair.
Timeline of Events in the Case
2021: The tenant and landlord entered into a fixed-term lease that would end in 2023, with the landlord’s stated purpose to renovate thereafter.
Late 2022 to March 2023: The tenant stopped paying rent, was issued a 10-Day Notice to End Tenancy, and vacated the unit. (Money.ca provides background)
September 2023: The tenant applied to the RTB and won the dispute by default (landlord was absent).
September 2025: On judicial review, the Supreme Court (Justice Hoffman) quashed the RTB award due to procedural unfairness. The tenant was saddled with legal costs and a punitive penalty.
How Service Rules Led to the Award’s Undoing
Under B.C. law, serving a “Notice of Proceeding” properly is essential. The rules are detailed in the government’s “Serve notice for dispute resolution” guide:
You must serve the documents within three days of their availability. (Government of British Columbia)
Acceptable methods: personal delivery, to an agent, or registered mail. (Government of British Columbia)
If these methods are impossible, the party must request substituted service and attach that decision to the proof of service. (Government of British Columbia)
Proof of service must accompany your submission (receipt, affidavit, etc.). (Government of British Columbia)
In the case in question, the court determined the tenant deliberately mailed the notice to an incorrect address, meaning the landlord never had a real chance to appear or defend. That tactic crossed the line from asserting a claim to frustrating fairness. The court held this was a process violation serious enough to void the entire award.
Why the Courts Override RTB Decisions in Some Cases
The RTB is an expert tribunal with authority to adjudicate many landlord–tenant disputes. Courts generally defer to such tribunals on factual or technical questions. Yet, courts will intervene if:
Notice was deficient or misdelivered
One side was denied the chance to respond
Evidence was withheld
Basic fairness principles were violated
In this case, because the landlord was effectively kept out of the hearing, the court found the process so flawed that no amount of factual correctness could fix it. The default award, however favorable to the tenant, could not survive procedural unfairness.
Proposal: Punitive Measures Against Dishonest Service
There should be punitive consequences when either party—tenant or landlord—intentionally flouts any rules to gain advantage. In this case, the court already imposed “special costs” on the tenant ($3,500) above normal costs as a penal measure. This is a start.
But more consistent, visible penalties—like fines, reduction of claims, or bar from reapplying for substituted service—would deter dishonest conduct and protect the integrity of the process for all parties.
Practical Tips & Compliance Checklist
For Landlords
Always keep your mailing and business address current in lease and RTB filings.
Keep a log of tenant communications: letters, emails, texts.
If you believe a decision was made without your knowledge, apply promptly for judicial review (within the time limit, often 60 days). (Supreme Court BC)
For Tenants
Follow service rules exactly—no shortcuts or guesswork.
If you can’t locate the other party, apply for substituted service and retain a copy of that order.
Keep proofs of service (receipts, affidavits, etc.).
Know that if you mislead the tribunal or fail to properly serve, you may lose not only your claim, but be penalized.
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