Category Archives: Housing Law

Can a Landlord Charge a Tenant Late Fees?

Many residential leases purport to require tenants to pay their landlords late fees if they pay their rent late. Many tenants pay those fees without challenging them, and the question arises: are these fees enforceable? Short Answer: A late fee … Continue reading

Posted in Civil Litigation, Housing Law, Poverty law, Uncategorized | Tagged , , , , , , , , , , , , , | 1 Comment

An Update on the Jurisdiction of Masters in the Court of Queen’s Bench to Set Aside Orders of the RTDRS

Jonnette Watson Hamilton recently posted an article on ABlawg.ca called “Setting Aside Residential Tenancy Dispute Resolution Service Orders for Problems with Service: It Can’t Be Done,” in which she discusses a recent written decision by Master Farrington (in Calgary) in … Continue reading

Posted in Agency News, Civil Litigation, Housing Law | Tagged , , , , , , , , , , , , , , , , , , , | Leave a comment

ABlawg.ca Post Comment: Can the Homeless Find Shelter in the Courts?

In a recent ABlawg post, Joshua Sealy-Harrington argues that the Ontario Court of Appeal two-justice majority decision in Tanudjaja v Canada (Attorney General), 2014 ONCA 852 (CA) is less compelling than Feldman JA’s dissent–which would have recognized section 7 of … Continue reading

Posted in Civil Litigation, Housing Law, Social Benefits, Uncategorized | Tagged , , , , , , | 3 Comments

Repost from ABlawg.ca: Constraining a Landlord’s Ability to Terminate a Residential Tenancy by Raising the Rent

Please find below a link to an interesting article published today on ABlawg.ca by Professor Jonnette Watson Hamilton of the University of Calgary Faculty of Law. The article comments on Milner’s Aloha Mobile Home Park (1998) Ltd v Jenkins, 2014 ABQB 229 … Continue reading

Posted in Civil Litigation, Housing Law | Tagged | 1 Comment

Relating “Equitable Relief and Residential Tenancies” to Alberta

Last week, we discussed the British Columbia Court of Appeal’s decision in Metro Housing Corp v Ganitano (2014 BCCA 10). The justices concluded that termination of a tenancy under the B.C. Residential Tenancy Act for late or non-payment of rent was properly characterized as a forfeiture … Continue reading

Posted in Housing Law, Human Rights / Constitutional Law | Tagged , | 9 Comments

Equitable Relief and Residential Tenancies

It is very rare – and hence worthy of note – for a residential tenancy matter to wind its way to a court of appeal.  On January 13, 2014 the British Columbia Court of Appeal released its decision in Metro … Continue reading

Posted in Housing Law, Human Rights / Constitutional Law | Tagged | 5 Comments

Landlord and Tenant Issues after the Flooding in Southern Alberta

The Centre for Public Legal Education in Alberta (CPLEA) has developed a new resource called After the Flood for Landlords and Tenants in Alberta. You can find it at their blog, http://www.cplea.ca/blog/?p=2980 , as well as a link to an audio Q&A … Continue reading

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