Is the right to housing of a tenant paramount to the commercial rights of a landlord?
British Columbia, Canada
The following excerpt is from Grant v. Crane Const. Corp., 1986 CanLII 1062 (BC SC):
The submission is that the right to housing of a tenant is paramount to commercial rights of a landlord. He bases this proposition on the statement in Pepita v. Doukas of the social policy of earlier tenancy legislation. At p. 134 Lambert J.A. said: I propose to consider first the social policy that from the Act appears to underlie its legislative scheme. Stated shortly, that social policy is to provide, through the mechanics of the office of rentalsman, for security of tenure and quiet enjoyment by tenants and, through the mechanics of the rent review commission, for the setting of fitting and stable rents. A large measure of government control is being substituted for full freedom of private contract in accordance with law. This involves a substantial shift in rights and obligations.
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