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
Senate expenses climbed to $7.2 million in 2023, up nearly 30%
Senators in Canada claimed $7.2 million in expenses in 2023, a nearly 30 per cent increase over the previous year.
Pedestrian, baby injured after stroller struck and dragged by vehicle in Squamish, B.C.
Police say a baby and a pedestrian suffered non-life-threatening injuries after a vehicle struck a baby stroller and dragged it for two blocks before stopping in Squamish, B.C.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
'It’s discriminatory': Individuals refused entry to Ontario legislature for wearing keffiyeh
Individuals being barred from entering Ontario’s legislature while wearing a keffiyeh say the garment is part of their cultural identity— and the only ones making it political are the politicians banning it.
RCMP uncovers alleged plot by 2 Montreal men to illegally sell drones, equipment to Libya
The RCMP says it has uncovered a plot by two men in Montreal to sell Chinese drones and military equipment to Libya illegally.
Government agrees to US$138.7M settlement over FBI's botching of Larry Nassar assault allegations
The U.S. Justice Department announced a US$138.7 million settlement Tuesday with more than 100 people who accused the FBI of grossly mishandling allegations of sexual assault against Larry Nassar in 2015 and 2016, a critical time gap that allowed the sports doctor to continue to prey on victims before his arrest.
BREAKING Canucks goalie Thatcher Demko won't play in Game 2
The Vancouver Canucks will be without all-star goalie Thatcher Demko when they face the Nashville Predators in Game 2 of their first-round playoff series.
Man wanted in connection with deadly shooting in Toronto tops list of most wanted fugitives in Canada
A 35-year-old man wanted in connection with the murder of Toronto resident 29-year-old Sharmar Powell-Flowers nine months ago has topped the list of the BOLO program’s 25 most wanted fugitives across Canada, police announced Tuesday.
Doctors ask Liberal government to reconsider capital gains tax change
The Canadian Medical Association is asking the federal government to reconsider its proposed changes to capital gains taxation, arguing it will affect doctors' retirement savings.