Digest: Regina Housing Authority v Y.A., 2018 SKQB 70

• Date: February 18, 2019

Reported as: 2018 SKQB 70

Docket Number: QB18073 , QBG 968/17 JCR

Court: Court of Queen's Bench

Date: 2019-02-18

Judges:

• Chow

Subjects:

• Landlord and Tenant � Residential Tenancies Act, 2006 - Appeal

Digest: The appellant, the Regina Housing Authority (RHA), appealed pursuant to s. 72(1) of The Residential Tenancies Act, 2006 from the decision of a Hearing Officer of the Office of Residential Tenancies (ORT). The respondents were tenants of the RHA and had filed individual tenant claims with ORT asserting that RHA had violated their right to quite enjoyment as provided by s. 44 of the Act and that RHA had failed to maintain the premises in a good state of repair and fit for use and enjoyment contrary to s. 49 of the Act. The respondents had complained to the RHA about second-hand smoke infiltrating their rental units emanating from other units in the building where tenants smoked. The officer heard the respondents� individual complaints concurrently, found in their favour, and granted them each two-thirds rent abatement under s. 70(6) of the Act. The RHA appealed on numerous grounds that included that the officer had erred by: 1) imposing a rent abatement that was unjust, inequitable and excessive. The officer�s decision lacked an evidentiary basis and his brief reasons were inadequate; 2) failing to consider the reasonable steps taken by RHA to address the respondents� individual complaints; and 3) failing to consider the respondents� duty and failure to reasonably mitigate their damage or loss.
HELD: The appeal was dismissed. The court found with respect to each ground of appeal that the officer had not erred: 1) in making the order for rent...