BC Supreme Court upholds $40,431 award to Coquitlam tenant after landlord's appeal fails
Justice David Layton dismissed a Coquitlam landlord's petition in BC Supreme Court on November 11, upholding an arbitrator's decision that awarded a former tenant $40,431.
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A BC Supreme Court judge dismissed a Coquitlam landlord's appeal on November 11, upholding an arbitration award of $40,431 to a former tenant whose tenancy was ended so the landlord could move in, the Tri-Cities Dispatch reported.
The landlord, Yu Chen, had ended the tenancy in spring 2024 by saying she would occupy the unit. She never moved in. When the tenant returned later to discuss the return of their security deposit, a new renter was living there, the Dispatch reported.
What the arbitrator decided
An arbitrator ordered Chen to pay the tenant $37,260, equal to 12 months of rent at $3,105 per month, for failing to occupy the unit after ending the tenancy on those grounds. The arbitrator also ordered double the security deposit, $6,210, for failing to return it within 15 days. The total award was $40,431.
The Supreme Court petition
Five months after the arbitration ruling, Chen filed a petition in BC Supreme Court claiming $18,605 in unpaid rent from bounced cheques she said occurred between 2020 and 2024.
She argued the arbitrator's decision was unreasonable and that she had not known about the bounced cheques. Justice David Layton rejected that argument. The landlord's property manager had texted the tenant in 2021 demanding payment for "previous bounced cheques" or face eviction, the Dispatch reported.
"These statements are materially inconsistent with the landlord's evidence," Layton said, as reported by the Dispatch. He dismissed the petition and left the arbitration award in place.
What renters can do
A tenant whose landlord ends a tenancy for personal use and then does not move in can file a dispute with the BC Residential Tenancy Branch. An arbitrator can order the landlord to pay compensation equal to 12 months of rent in those cases. The Branch's dispute resolution service is at the BC Residential Tenancy Branch website. There is no deadline to watch in this case; the ruling is final.
Questions this story answers
What happened in this Coquitlam tenancy court case?
A Coquitlam landlord, Yu Chen, ended her tenant's tenancy in spring 2024 by saying she would move into the unit herself, the Tri-Cities Dispatch reported. She never moved in. When the tenant later returned to discuss the security deposit, a new renter was living there. An arbitrator ordered Chen to pay the tenant $40,431. Chen then appealed to BC Supreme Court, where Justice David Layton dismissed her petition on November 11, 2026, upholding the arbitration award.
Why did the BC Supreme Court judge dismiss the landlord's petition?
Justice David Layton found that the landlord's claim of ignorance about bounced cheques was inconsistent with the evidence, the Tri-Cities Dispatch reported. The landlord's property manager had texted the tenant in 2021 demanding payment for 'previous bounced cheques' or face eviction. The judge said those statements were 'materially inconsistent with the landlord's evidence.'
How much did the arbitrator award the tenant?
The arbitrator ordered the landlord to pay the tenant $40,431 in total, the Tri-Cities Dispatch reported. That figure included 12 months of rent at $3,105 per month, equalling $37,260, for failing to occupy the unit as promised after ending the tenancy for personal use, plus double the security deposit of $6,210 for not returning it within 15 days.
What did the landlord claim in her Supreme Court appeal?
The landlord filed a notice of dispute five months after the arbitration decision, claiming $18,605 in unpaid rent from bounced cheques that she said occurred between 2020 and 2024, the Tri-Cities Dispatch reported. She also argued in her petition that the arbitrator's decision was unreasonable. Justice Layton rejected both arguments.
What can a BC renter do if a landlord ends their tenancy for personal use but does not move in?
Under BC law, a tenant who is ended for personal use and whose landlord does not occupy the unit can file a dispute with the BC Residential Tenancy Branch. An arbitrator can order compensation equal to 12 months of rent if the landlord falsely used personal occupancy as the reason. This case shows the courts will uphold an arbitration decision on the same grounds. Tenants can file a dispute at the BC Residential Tenancy Branch's website.
Who was the judge in this case?
The case was heard by Justice David Layton of BC Supreme Court, the Tri-Cities Dispatch reported. He issued his decision on November 11, 2026, dismissing the landlord's petition and upholding the original arbitration award of $40,431.
What is a personal use eviction in British Columbia?
A personal use eviction in BC is when a landlord ends a tenancy by telling the tenant that the landlord or a close family member will move into the unit. The Residential Tenancy Act requires landlords to pay the equivalent of one month's rent as compensation when they end a tenancy this way, and additional compensation when the landlord does not follow through on occupying the unit.
Where can Coquitlam tenants get help with a tenancy dispute?
Tenants in Coquitlam and across BC can file a dispute with the BC Residential Tenancy Branch, which provides arbitration services and information on tenant rights. The Branch's website and phone line are the main points of contact for disputes about evictions, security deposits and unpaid rent.
Sources
The pages this story draws on. Open one to check a claim yourself.
- Tri-Cities Dispatch · Landlord who claimed $18k for bad cheques has case bounced, November 12, 2026tricitiesdispatch.com
- BC Residential Tenancy Branchwww2.gov.bc.ca
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