Maintaining decision-making standards in evictions for landlord’s use

CLAS represents tenant Janet Fraser in defending against her landlord’s appeal of her successful judicial review decision. Ms. Fraser is a 73-year-old tenant who has resided in her rental unit for over 20 years.  The BC Supreme Court decision under appeal set aside an RTB decision evicting Ms. Fraser from her unit, holding that the arbitrator failed to grapple with key evidence going to the landlord’s good faith, failed to meaningfully apply the statutory test requiring an assessment of whether there is an ulterior motive for the eviction, and failed to give adequate reasons.

The appeal is in the process of being prepared for hearing; a hearing date has not yet been set.

Where, as here, the decision results in the eviction of a vulnerable, long-term tenant paying below-market rent, the consequences are especially severe…  In such circumstances, the duty to provide clear and transparent reasons is heightened because the severe impact of the eviction on a vulnerable tenant should only be imposed after a demonstrable and careful application of the statutory test to the evidence.

Justice Sukstorf in the decision under appeal, Fraser v. 1392383 B.C. Ltd., 2025 BCSC 1669

Case Updates

February 18, 2026: Ms. Fraser filed her factum for the appeal.

September 25, 2025: Ms. Fraser’s landlord appealed the BC Supreme Court’s decision to the BC Court of Appeal.

August 28, 2025: The BC Supreme Court set aside the RTB decision evicting Ms. Fraser on judicial review. Ms. Fraser was represented by SOURCES Community Legal Clinic for the judicial review.

Read the BC Supreme Court’s decision.