Victoria landlord to pay tenant $30K for noise, asbestos exposure after judge strikes down challenge
![435 Michigan Street Victoria The apartment building at 435 Michigan St. in Victoria's James Bay neighbourhood. (Google Maps)](/content/dam/ctvnews/en/images/2023/3/28/435-michigan-street-victoria-1-6332483-1680027755962.jpg)
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
![](https://www.ctvnews.ca/polopoly_fs/1.6976926.1721883767!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
LIVE UPDATES Multiple homes, businesses 'lost' to wildfire in Jasper National Park: Parks Canada
Officials from Parks Canada and Jasper say "multiple structures, including a number of businesses and homes, in and around the town of Jasper, have been lost" to wildfire in Jasper National Park.
Alberta premier says a third, perhaps half, of all Jasper buildings destroyed by fire
Alberta Premier Danielle Smith says early reports indicate a third and perhaps up to half of all buildings in the historic Rocky Mountain resort town of Jasper have burned in a wildfire.
Prince William's 2023 salary revealed in new report
Newly released financial reports show that William, the Prince of Wales, drew a salary of $42.1 million last fiscal year, his first since inheriting the vast and lucrative Duchy of Cornwall.
Tourist suffers 3rd-degree burns to feet after losing flip flops amid soaring temperatures in Death Valley
A tourist was hospitalized after suffering serious burns on his feet on Saturday when he lost his flip flops at a U.S. national park where temperatures soared past 48 Celsius.
'There's mom and dad's house': New video appears to show destruction of Jasper neighbourhood
Video posted to social media on Thursday morning appears to show the charred remains of a Jasper, Alta., neighbourhood.
Former judge with disputed Cree heritage likely has Indigenous DNA: law society
The Law Society of British Columbia says a DNA test shows a former judge and Order of Canada recipient accused of falsely claiming to be Cree "most likely" has Indigenous heritage.
Australian field hockey player opts to amputate part of his finger in order to compete in Paris Olympics
In the run up to the Paris Olympics, athletes have been stepping up their preparations in order to maintain their edge over competitors. But for Australia’s Matt Dawson, those preparations looked a little different this year, with the field hockey player opting to have part of his finger amputated in order to compete in the Games.
Canada to bring home fewest Olympic medals since 2012, according to forecaster
Fewer Canadians are expected to reach the Paris podium than in the previous two Olympic Summer Games, a global data analytics company predicts.
Jennifer Aniston criticizes JD Vance for 'childless cat ladies' remarks: 'I pray that your daughter is fortunate enough to bear children'
Jennifer Aniston is criticizing JD Vance for comments he made in his past about women without children.