'Patently unreasonable': Order for tenants to pay $18K for leaks overturned by B.C. judge
CTV
An arbitrator's decision ordering two renters to cover more than $18,000 in repairs following a water leak at their landlord's home was "patently unreasonable," a B.C. Supreme Court judge has ruled.
An arbitrator's decision ordering two renters to cover more than $18,000 in repairs following a water leak at their landlord's home was "patently unreasonable," a B.C. Supreme Court judge has ruled.
In a decision last week, Justice William Veenstra set aside the order and sent the matter back to the province's Residential Tenancy Branch for re-arbitration – meaning the relief for renters Claudia Drummond and Gregory Dahl might only be temporary.
"While I am satisfied that the analysis of the arbitrator in this case was patently unreasonable, I am not satisfied that the inevitable result is a dismissal of the claim," Veenstra wrote.
The dispute dates back to March 2022, when Drummond noticed a bulge in the basement ceiling of the home they were renting in Surrey.
The court heard Drummond notified landlord Randeep Sangha of the damage "immediately" by text, but that it was too late to avoid $18,757 in repairs – including the cost of replacing cabinets, drywall and baseboards at the property.
The landlord said her insurance company refused to cover those costs, finding the damage was not sudden or accidental, but had occurred over time.
Sangha filed an application through the RTB seeking reimbursement for the repairs – and while the arbitrator who originally heard the case could not determine the exact cause of the damage, she still found Drummond and Dahl had been "neglectful" for not noticing it sooner.
