Victoria landlord to pay tenant $30K for noise, asbestos exposure after judge strikes down challenge
A Victoria landlord and property management company must pay more than $30,000 in damages and rental reduction to a tenant who complained of exposure to asbestos and excessive noise while their apartment building was renovated.
Owner IMH 415 & 435 Michigan Apartments Ltd., and Devon Properties, which manages the Charter House Apartments at 435 Michigan St. in Victoria, petitioned the British Columbia Supreme Court to review a 2022 decision by the Residential Tenancy Branch that found in favour of the tenant.
The arbitrator in the case awarded the resident $30,721.75, which included approximately $11,500 for loss of balcony use and the landlord's failure to maintain the building in reasonable condition during construction.
The company challenged two other portions of the award: $10,000 for aggravated damages due to ongoing health concerns about asbestos exposure, and $9,242.62 in rental abatement for loss of enjoyment during jackhammering and other construction noise.
The landlord argued the aggravated damages and rent reduction were unreasonable, saying no medical evidence was provided to support the tenant's concerns about asbestos exposure.
It also said there was no clarity about how the total amount of the award was arrived at.
B.C. Supreme Court Justice Simon Coval dismissed the challenge Thursday, ruling the arbitrator's award of reduced rent was warranted given the scope and duration of the disturbance during the years-long construction project.
"The extent, length and timing of construction noise should have been manifestly obvious to the building manager throughout the renovation," Coval wrote in his decision.
The judge also found the aggravated damages were warranted based on the arbitrator's conclusion "that the landlord’s mismanagement of the project exposed the tenants to hazardous levels of asbestos and silica fibres, and caused [the tenant] serious, ongoing distress and anguish."
The renovations at 435 Michigan St. were ongoing from December 2015 to November 2019. WorkSafeBC issued multiple stop work orders in 2016 due to deficiencies in asbestos handling and abatement, according to the judge's decision.
The concerns about asbestos eventually prompted the property managers to evacuate the building in January 2017, moving all tenants to a nearby hotel for several weeks while tests were completed.
CTVNews.ca Top Stories
Expert warns of food consumption habits amid rising prices
A new survey by Dalhousie University's Agri-Food Analytics Lab asked Canadians about their food consumption habits amid rising prices.
Documents reveal Ottawa's efforts to get Loblaw, Walmart on board with grocery code
It was evident to the federal government as early as last fall that Loblaw and Walmart might be holdouts to the grocery code of conduct, jeopardizing the project's success.
opinion The special relationship between King Charles and the Princess of Wales
Royal commentator Afua Hagan writes that when King Charles recently admitted Catherine to the Order of the Companions of Honour, it not only made history, but it reinforced the strong bond between the King and his beloved daughter-in-law.
Charlie Woods, son of Tiger, shoots 81 in U.S. Open qualifier
Charlie Woods failed to advance in a U.S. Open local qualifying event Thursday, shooting a 9-over 81 at Legacy Golf & Tennis Club.
Improve balance and build core strength with this exercise
When it comes to cardiovascular fitness, you may tend to focus on activities that move you forward, such as walking, running and cycling.
New Norad commander calls Canada's defence policy update 'very encouraging'
American troops will be spending more time training in the Far North, the new commander of Norad says, a strategy that fits 'hand-in-glove' with Canada's renewed focus on Arctic defence.
B.C. tenants evicted for landlord's use after refusing large rent increase to take over neighbouring suite
Ashley Dickey and her mother rented part of the same Coquitlam duplex in three different decades under three different landlords.
Mountain guide dies after falling into a crevasse in Banff National Park
A man who fell into a crevasse while leading a backcountry ski group deep in the Canadian Rockies has died.
$70M Lotto Max winners kept prize a secret from family for 2 months
During a special winner celebration near their hometown, Doug and Enid shared the story of how they discovered they were holding a Lotto Max ticket worth $70 million and how they kept this huge secret for so long.