B.C. judge overturns eviction of senior tenant, citing landlord’s pattern of “questionable” practices

A 73-year-old renter has won a reprieve in B.C. Supreme Court after her eviction order was overturned, with the judge sharply criticizing her landlord’s conduct and the Residential Tenancy Board’s handling of the case.

Janet Fraser, who has lived in her two-bedroom apartment for more than 20 years and pays $780 a month — well below market rates — had been ordered to vacate by Sept. 30, 2024. Her partner, Jerry, 69, is deaf and living with Stage 4 cancer and multiple sclerosis.

Justice Sandra Sukstorf said losing the home would cause “severe hardship” for the couple, and ruled the RTB failed to meaningfully test the landlord’s good faith or weigh key contradictory evidence.

Fraser’s troubles began after her building was sold to corporate landlord 1392383 B.C. Ltd. She was first served an eviction notice in October 2023 for demolition, but the notice was voided due to a technical error. Weeks later, she received another notice citing the need for a caretaker suite.

The landlord argued Fraser’s apartment was the only suitable unit, but evidence showed another identical vacant unit was available. Fraser also presented multiple eviction notices served to other tenants under questionable pretenses, which the judge said pointed to a broader pattern of attempts to remove below-market renters.

“The arbitrator ought to have considered this evidence in assessing the landlord’s credibility,” Sukstorf wrote. She found the RTB’s decision “patently unreasonable” and said its reasoning failed to reflect the severe consequences of eviction for a vulnerable tenant.

The judge set aside the eviction order and sent the matter back to the RTB for a new hearing before a different adjudicator.