North America Construction Ltd. v Hundal

Dispute

Determinations

The Tenant was not permitted to cross-examine the Landlord's witnesses because the Landlord's witnesses did not give evidence.
The Member determined that the Tenant had failed to discharge the burden of proving its allegations on a balance of probabilities, even without having to hear the Landlord's responding evidence.
The determination that Monica Emery did not have a background in construction is a finding of fact that is not a material issue and is rationally connected to the evidence.
The Member provided cogent reasons for her determinations and applied the appropriate legal test in weighing the evidence.
The Member's reliance on case law involving supportive housing providers was with respect to the issue of whether the Residential Tenancies Act applies, which was decided in the Tenant's favour.
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