A B.C. Supreme Court judge has overruled a Residential Tenancy Branch (RTB) decision that would have forced a 73-year-old woman and her partner, who has Stage 4 cancer, out of their apartment.

In a recent ruling, Justice Sandra Sukstorf said the RTB arbitrator failed to test the landlord’s claims, overlooked conflicting evidence, relied on untested affidavits, and did not check whether the landlord had the right permits or consider other options besides eviction for the couple.

“These combined errors make the decisions patently unreasonable,” Sukstorf wrote.

Janet Fraser and her partner Jerry have lived in their building for more than 20 years, paying $780 a month. When the building sold in June 2023, the new landlord moved quickly to end their tenancy, saying the unit was needed for de

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