Cheon v. Altern Properties Inc. et al., (2015) 468 Sask.R. 13 (QB)

• Judge: Schwann, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 26, 2015
• Jurisdiction: Saskatchewan
• Citations: (2015), 468 Sask.R. 13 (QB);2015 SKQB 23

Cheon v. Altern Prop. Inc. (2015), 468 Sask.R. 13 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. FE.009

Hannil T.J. Cheon (appellant) v. Altern Properties Inc. (respondent) and The Office of Residential Tenancies (respondent)

(2014 QB No. 2701; 2015 SKQB 23)

Indexed As: Cheon v. Altern Properties Inc. et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Schwann, J.

January 26, 2015.

Summary:

The tenant owed $1,265 in arrears of rent. The landlord served a notice to vacate by ordinary mail and by posting it on the rental unit's front door. The tenant failed to vacate. A hearing was held. The landlord and tenant both attended. The hearing officer granted the landlord an order for possession. The tenant appealed.

The Saskatchewan Court of Queen's Bench dismissed the appeal.

Estoppel - Topic 1389

Estoppel in pais (by conduct) - Circumstances when doctrine not applicable - Lack of prejudice or detrimental reliance by person raising estoppel - The tenant owed $1,265 in arrears of rent - The landlord obtained an order for possession - The tenant appealed, asserting, inter alia, that an employee of the landlord had told him that he could pay the rent at the end of the month - The Saskatchewan Court of Queen's Bench dismissed the appeal - Even if the hearing officer had accepted the tenant's evidence on this point, there was absolutely no evidence before the hearing officer concerning any detrimental effect or actual prejudice suffered by the tenant in consequence of having acted upon the alleged assurance - In the absence of proof of actual prejudice arising from the assurance (assuming it was given), the estoppel argument could not succeed - See paragraphs 18 to 23.

Landlord and Tenant - Topic 6669

Termination, forfeiture and reentry - Notice to quit - Service of - The tenant owed $1,265 in arrears of rent - The landlord served a notice to vacate by ordinary mail and by posting it on the rental unit's front door - The tenant failed to vacate - A hearing was held - The landlord and tenant both attended - The hearing officer granted the landlord an order for possession - The tenant appealed, asserting, inter alia, that the notice to vacate was not properly served - The Saskatchewan Court of Queen's Bench dismissed the appeal - The landlord's failure to effect personal service did not constitute a legal error - In the face of a certificate of service filed by the landlord, the absence of any evidence to the contrary and the unquestionable conclusion that notice came to the tenant's attention in any event, this ground of appeal could not succeed - See paragraphs 12 to 17.

Landlord and Tenant - Topic 6786

Termination, forfeiture and reentry - Relief against forfeiture - When available - The landlord served a notice to vacate - The tenant failed to vacate - A hearing was held - The landlord and tenant both attended - The hearing officer granted the landlord an order for possession - The tenant appealed, asserting, inter alia, that the hearing officer had erred in failing to give effect to the tenant's personal circumstances - The Saskatchewan Court of Queen's Bench dismissed the appeal - An application for an order for possession was governed by the factors and considerations set out in s. 68 of the Residential Tenancies Act - Generally speaking, compassionate grounds or relief from forfeiture was not one of them - Further, while s. 70(11) of the Act contemplated relief from forfeiture on compassionate grounds, none of the circumstances listed in s. 70(11) applied to the tenant - See paragraph 33.

Landlord and Tenant - Topic 7035

Regulation - Powers of board or officers (incl. rentalsman) - Respecting evidence - [See Landlord and Tenant - Topic 7046 ].

Landlord and Tenant - Topic 7036

Regulation - Powers of board or officers (incl. rentalsman) - Respecting procedure - [See Landlord and Tenant - Topic 7046 ].

Landlord and Tenant - Topic 7046

Regulation - Decisions of board - Bias - The tenant owed $1,265 in arrears of rent - The landlord served a notice to vacate - The tenant failed to vacate - A hearing was held - The landlord and tenant both attended - The hearing officer granted the landlord an order for possession - The tenant appealed, asserting, inter alia, that the hearing officer was not impartial and/or had conducted an unfair hearing by failing to ask the tenant questions or to explore or give effect to the tenant's personal circumstances - The Saskatchewan Court of Queen's Bench dismissed the appeal - The hearing officer's function was not to investigate or mediate - It was not a legal error for the officer to pose limited questions or refrain from actively eliciting evidence - See paragraphs 24 to 32.

Cases Noticed:

Reich v. Lohse et al. (1994), 123 Sask.R. 114; 74 W.A.C. 114; 117 D.L.R.(4th) 1 (C.A.), refd to. [para. 10].

Smith v. Elite Property Management Ltd. et al. (2012), 389 Sask.R. 63; 2012 SKQB 12, refd to. [para. 18].

Counsel:

H. Cheon self-represented;

B. Guthrie, for the landlord.

This appeal was heard by Schwann, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following fiat on January 26, 2015.