Victoria landlord to pay tenant $30K for noise, asbestos exposure after judge strikes down challenge
CTV
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.
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 tenant Paul Banman.
The arbitrator in the case awarded Banman $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 Banman'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.
