A recent blog post from ABblawg.ca provides helpful comments on the written decision of the Alberta Provincial Court in the residential tenancy matter of Barry v Navratil, 2019 ABPC 229 (CanLII). The decision and its commentary are particularly welcome given the dearth of written decisions in this area.
In his judgment, Judge LeGrandeur addresses a number of issues landlords and tenants often argue about when a tenant moves out: repairing versus replacing, betterment, wear and tear, and cleaning. He also affirms the rule that the statutory obligations in the Residential Tenancies Act, SA 2004, c R-17.1 are the only ones applicable; a landlord cannot demand from a tenant any additional or more onerous obligations. Finally, Judge LeGrandeur also discusses the burden of proof, standard of proof, and the need for evidence, key elements both tenants and landlords should be aware of when appearing in front of the Residential Tenancy Dispute Resolution Service or the Provincial Court.