Seafield Tenants Apply for Judicial Review of 38% Rent Hike

Seafielders have begun the process for Judicial Review of the Residential Tenancy Branch’s April 2 decision to award Gordon Nelson Investments a 38% rent increase.  We have done this for a number of reasons.

From the RTB website:

“4.1.7 What is the process for judicial review of a Dispute Resolution Officer’s decision?

No government official or Residential Tenancy Branch staffperson has the ability to change, vary, alter or interfere with a dispute resolution officer’s decision. Only a Justice of the Supreme Court of British Columbia can review a dispute resolution officer’s decision based on an error in law, bias, or procedural fairness.

We are pursuing our legal right for a judicial review in accordance with the reasons stated in the RTB rules above.

Why now?

Timing is a critical factor, between availability of counsel for both sides, court availability, and possible delays in the court system due to the Olympics.

Seafielders also can’t afford to wait.  The longer the time between the RTB decision and the judicial review, the longer Seafielders are paying phased-in installments of the 38% rent increase.  For the sake of our community, we must move forward.

Seafielders extended the courtesy of advising Gordon Nelson Investments of our need to file for JR before we instructed our counsel to proceed, and emphasized that we still all hope for a positive outcome to the ongoing negotiations for the purchase of the Seafield, 1436 Pendrell Street.

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