Manitoba Housing v. Amyotte et al., (2014) 306 Man.R.(2d) 110 (CA)

• Judge: Hamilton, Cameron and Burnett, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: January 24, 2014
• Jurisdiction: Manitoba
• Citations: (2014), 306 Man.R.(2d) 110 (CA);2014 MBCA 54

Man. Housing v. Amyotte (2014), 306 Man.R.(2d) 110 (CA);

      604 W.A.C. 110

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. JN.013

Manitoba Housing (landlord/appellant) v. Laura Amyotte, Beatrice Catcheway, James Catcheway and Theresa Catcheway, Tanya Catcheway and Luke Catcheway, Judith Dorion and Perry Dorion, Donna Gabriel, Joyce Gabriel, Karen Gabriel and Ernest Gabriel, Marcel Gabriel, Norma Gabriel and Conrad Gabriel, Bernadette Marion, Lena Spence and Garry Spence (tenants/respondents)

(AI 12-30-07866/67/68/69/70/71/72/73/74/75/76/77; 2014 MBCA 54)

Indexed As: Manitoba Housing v. Amyotte et al.

Manitoba Court of Appeal

Hamilton, Cameron and Burnett, JJ.A.

June 4, 2014.

Summary:

In 1996, the respondents were expelled from their homes on the Waterhen First Nation as a result of a tense political dispute among band members. They moved into a housing complex owned by Manitoba Housing, which was a public agency that managed subsidized housing. In 2010, because the respondents had not paid rent since 2001, Manitoba Housing applied under the Residential Tenancies Act for orders of possession and compensation for rental arrears. The Residential Tenancies Branch granted the orders of possession and ordered partial compensation. The Residential Tenancies Commission allowed the respondents' appeal, ruling that the respondents were "persons in need" occupying "temporary shelter" pursuant to s. 3(1)(e) and therefore the Act did not apply. Manitoba Housing appealed.

The Manitoba Court of Appeal allowed the appeal and referred the matters back to the Commission for further adjudication.

Landlord and Tenant - Topic 7004

Regulation - General principles - Jurisdiction - General - [See Landlord and Tenant - Topic 7009 ].

Landlord and Tenant - Topic 7009

Regulation - General principles - Interpretation of legislation - In 1996, the respondents were expelled from their homes on the Waterhen First Nation because of a political dispute among band members - They moved into a housing complex owned by Manitoba Housing (a public agency that managed subsidized housing) - The respondents stopped paying rent in 2001 because they felt the provincial government had reneged on an agreement to assist them in finding housing to replace their homes on the reserve - In 2010, Manitoba Housing applied under the Residential Tenancies Act for orders of possession and compensation for rental arrears - The Residential Tenancies Commission ruled that it did not have jurisdiction over the dispute because the respondents were "persons in need" occupying "temporary shelter" pursuant to s. 3(1)(e) and therefore the Act did not apply - The Manitoba Court of Appeal allowed Manitoba Housing's appeal - The Commission failed to engage in the required contextual analysis of the Act, and instead focused on a dictionary meaning for the word "temporary" and the "unique" circumstances of the respondents - When s. 3(1)(e) was read in its grammatical and ordinary sense, especially when read in conjunction with the French version, its purpose was to exempt from the Act those with an immediate need for temporary shelter - This was consistent with the need to narrowly construe the exemption to give effect to the broad intent of the Act - It was also consistent with the exemptions for short-term and emergency living accommodation in similar legislation across Canada - The respondents' need for shelter on a short-term basis had ended long before 2010 - See paragraphs 48 to 76.

Landlord and Tenant - Topic 7076

Regulation - Exemptions - Temporary shelter for persons in need - [See Landlord and Tenant - Topic 7009 ].

Landlord and Tenant - Topic 7186

Regulation - Appeals - Standard of appellate review - In 1996, the respondents were expelled from their homes on the Waterhen First Nation because of a political dispute among band members - They moved into a housing complex owned by Manitoba Housing (a public agency that managed subsidized housing) - The respondents stopped paying rent in 2001 - In 2010, Manitoba Housing applied under the Residential Tenancies Act for orders of possession and compensation for rental arrears - The Residential Tenancies Commission ruled that it did not have jurisdiction over the dispute because the respondents were "persons in need" occupying "temporary shelter" pursuant to s. 3(1)(e) and therefore the Act did not apply - Manitoba Housing appealed and argued that the standard of review was correctness because the questions concerned a true issue of jurisdiction - The Manitoba Court of Appeal found that the questions at issue concerned the Commission's interpretation of its home statute - The standard of review was therefore reasonableness - See paragraphs 26 to 33.

Statutes - Topic 501

Interpretation - General principles - Purpose of legislation - Duty to promote object of statute - [See Landlord and Tenant - Topic 7009 ].

Statutes - Topic 516

Interpretation - General principles - Ordinary meaning of words - [See Landlord and Tenant - Topic 7009 ].

Statutes - Topic 1626

Interpretation - Extrinsic aids - Other statutes - Similar statutes in other jurisdictions - [See Landlord and Tenant - Topic 7009 ].

Statutes - Topic 1703

Interpretation - Extrinsic aids - Books and comment - Dictionaries - The Manitoba Court of Appeal stated that "Dictionary meanings can be an aid in the interpretative process, especially as a starting point. However, more is required because a 'dictionary meaning is a-contextual. ... It cannot, and does not purport to, indicate the meaning of a word as used in a particular context, in relation to a particular set of facts' ... In addition, caution is called for because different dictionaries give different meanings." - See paragraph 54.

Statutes - Topic 1806

Interpretation - Intrinsic aids - Bilingual statutes - Interpretation of one version by reference to the other - [See Landlord and Tenant - Topic 7009 ].

Statutes - Topic 2425

Interpretation - Interpretation of words and phrases - Reference to dictionaries - General principle - [See Statutes - Topic 1703 ].

Statutes - Topic 2601

Interpretation - Interpretation of words and phrases - Modern rule (incl. interpretation by context) - General principles - [See Landlord and Tenant - Topic 7009 ].

Cases Noticed:

New Brunswick (Board of Management) v. Dunsmuir, [2008] 1 S.C.R. 190; 372 N.R. 1; 329 N.B.R.(2d) 1; 844 A.P.R. 1; 2008 SCC 9, refd to. [para. 27].

Alberta Teachers' Association v. Information and Privacy Commissioner (Alta.) et al., [2011] 3 S.C.R. 654; 424 N.R. 70; 519 A.R. 1; 539 W.A.C. 1; 2011 SCC 61, refd to. [para. 30].

Manitoba v. Russell Inns Ltd. et al. (2013), 291 Man.R.(2d) 244; 570 W.A.C. 244; 2013 MBCA 46, refd to. [para. 31].

Rogers Communications Inc. et al. v. Society of Composers, Authors and Music Publishers of Canada et al., [2012] 2 S.C.R. 283; 432 N.R. 1; 2012 SCC 35, dist. [para. 32].

McLean v. British Columbia Securities Commission, [2013] 3 S.C.R. 895; 452 N.R. 340; 347 B.C.A.C. 1; 593 W.A.C. 1; 2013 SCC 67, refd to. [para. 32].

Entertainment Software Association et al. v. Society of Composers, Authors and Music Publishers of Canada, [2012] 2 S.C.R. 231; 432 N.R. 200; 2012 SCC 34, refd to. [para. 50].

Canada (Attorney General) v. Mowat, [2011] 3 S.C.R. 471; 422 N.R. 248; 2011 SCC 53, refd to. [para. 50].

Matthews v. Algoma Timberlakes Corp. (2010), 266 O.A.C. 261; 102 O.R.(3d) 590; 2010 ONCA 468, refd to. [para. 52].

Miller v. Spencer (2013), 288 Man.R.(2d) 212; 564 W.A.C. 212; 2013 MBCA 9, refd to. [para. 67].

Manitoba Housing v. Catcheway et al., [2013] Man.R.(2d) Uned. 40; 2013 MBQB 177, refd to. [para. 67].

Statutes Noticed:

Residential Tenancies Act, S.M. 1990-91, c. 11; C.C.S.M., c. R-119, sect. 3(1)(e) [para. 49].

Authors and Works Noticed:

Côté, Pierre-André, Beaulac, Stéphane, and Devinat, Mathieu, The Interpretation of Legislation in Canada (4th Ed. 2011), p. 67 [para. 62].

Manitoba, Hansard, Legislative Assembly Debates and Proceedings, 1st Sess., 35th Leg. (November 21, 1990), p. 1627 [para. 59].

Manitoba Landlord & Tenant Review Committee, Report on the Residential Rent Regulation Act and the Landlord and Tenant Act, pp. A-26, 110 [para. 58].

Sullivan, Ruth, Sullivan on the Construction of Statutes (5th Ed. 2008), pp. 1 [para. 50]; 3 [para. 51]; 36 [para. 54]; 383 to 386 [para. 62].

Counsel:

A.J. Ladyka, for the appellant;

M.A. Laham Szutiak, for the respondents;

M.T. Green, for the Residential Tenancies Commission.

This appeal was heard on January 24, 2014, before Hamilton, Cameron and Burnett, JJ.A., of the Manitoba Court of Appeal. Hamilton, J.A., delivered the following judgment for the court on June 4, 2014.