Can a landlord evict a tenant who is charged with growing marijuana?

British Columbia, Canada


The following excerpt is from D. & A. Investments Inc. v. Hawley, 2008 BCSC 937 (CanLII):

In Fulber v. Doll, 2001 BCSC 891, tenants petitioned for judicial review of the decision of an arbitrator that the landlord could evict tenants who were charged with growing marijuana on the rented premises. L. Smith J. held that the decision was within the arbitrator’s jurisdiction, and the standard of review was thus patent unreasonableness. In determing that, she stated, at paragraph 63:

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