By: Jonnette Watson Hamilton PDF Version: Setting Aside Residential Tenancy Dispute Resolution Service Orders for Problems with Service: It Can’t Be Done Case Commented On: Abougouche v Miller, 2015 ABQB 724 (CanLII) As the recently-appointed Master in Chambers, James R. Farrington, clearly and concisely sets out in Abougouche v Miller, there is no way for […]
By: Jonnette Watson Hamilton PDF Version: Expensive, Complex Appeals from Residential Tenancy Dispute Resolution Service Orders Case Commented On: Nee v Ayre & Oxford Inc, 2015 ABQB 402 (CanLII) The decision by Justice Donald Lee in Nee v Ayre & Oxford Inc is one of several decisions that he has made dismissing tenants’ appeals of […]
By: Jonnette Watson Hamilton PDF Version: Constraining a Landlord’s Ability to Terminate a Residential Tenancy by Raising the Rent Case commented on: Milner’s Aloha Mobile Home Park (1998) Ltd v Jenkins, 2014 ABQB 229 (CanLII) This is an important decision for residential tenants, with potentially far-reaching impact. If a residential tenant is not in breach […]
Case Considered: Herman v. Boardwalk Rental Communities, 2011 ABQB 394 Introduction Questions often arise about whether a tenant can refuse to pay rent because of something the landlord has or has not done, or because of the condition of the premises. The typical short answer is “no.”.” Why? Because, generally-speaking, “rent is sacrosanct.” And so […]
By: Jonnette Watson Hamilton PDF Version: Vindication of a Residential Tenant’s Rights – At Least Temporarily Case Commented On: Lautner v Searle, 2011 ABQB 263 This very short decision by Master Walter H. Breitkreuz, Q.C., is about an unjustified and unsuccessful attempt by a landlord to quickly evict an elderly and ill tenant from rental […]
