May 6, 2026
If you are a landlord or a renter in British Columbia, you likely know that the rules around ending a tenancy have become significantly more rigid. One of the most daunting figures in the local rental market today is not just the average rent, but the penalty for a "bad faith" eviction. In BC, a landlord who fails to follow through on moving into their own property can be ordered to pay their former tenants 12 months of rent as compensation.
For one North Vancouver homeowner, this rule nearly resulted in a $45,156 bill after she moved out her tenants but then spent five months in China to care for her ailing father. However, a recent BC Supreme Court decision has shifted the narrative, offering a crucial lesson in how the law views family emergencies and procedural fairness.
The high cost of a 12-month penalty
The case involves Miyuki Shiino, who owned a property on Montroyal Boulevard. In June 2024, she evicted her tenants, Mike Nairne and Sujin Wren, stating she intended to occupy the unit herself. Under the Residential Tenancy Act (1), landlords must occupy the unit for at least six months (a requirement that has since been increased to 12 months for notices issued after July 18, 2024).
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Shortly after the tenants moved out, Shiino's father fell ill in China. She flew overseas to care for him and did not return to North Vancouver until April 2025. Because she was away for five months, a Residential Tenancy Branch (RTB) arbitrator initially ruled she had failed to meet the occupancy requirements. The resulting order was staggering: more than $45,000 in compensation to the former tenants.
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When life gets in the way of the law
While the rules are designed to prevent landlords from evicting tenants just to hike the rent for someone new, the law does provide an "out" for genuine crises. The RTB has the power to excuse a landlord from paying if there are extenuating circumstances (2). These are defined as serious, unexpected situations outside a person's control, such as a death in the family or a major medical emergency.
In this case, the BC Supreme Court found that the RTB arbitrator failed to properly consider Shiino's evidence regarding her father's health. According to the decision from Justice Sandra Wilkinson, the arbitrator incorrectly stated that the landlord had not provided translations or explained her absence.
"The arbitrator failed to consider all of the landlord's evidence, including her documentary evidence, which was translated and submitted, and her oral testimony during the hearing," Wilkinson wrote in the ruling published online (3).
Turning legal lessons into financial security
The outcome of this court case serves as a vital reminder that if you are self-representing at a hearing, you must ensure your evidence is not just submitted, but heard. The court noted that the arbitrator "rejected relevant medical evidence without providing reasons," which undermined the fairness of the entire process.
For BC residents, the stakes of these hearings are higher than ever. With Vancouver's average two-bedroom rents hitting $3,326 in 2026, a 12-month penalty can easily exceed $40,000. If you find yourself in a similar situation, remember these three steps to protect your finances:
- Document everything. If an emergency forces you to change your plans, keep medical records, flight receipts and dated communications.
- Ensure all foreign language documents are professionally translated. All evidence must be clearly labeled for the RTB to ensure it is properly reviewed.
- Know your rights of appeal. If an arbitrator ignores your evidence, you have the right to seek a judicial review in the B.C. Supreme Court, as Shiino did.
The court has now sent the case back to the RTB for a new look. It serves as a powerful example that while the law is strict, it is not supposed to be blind to the realities of human life and family obligations.
Article Sources
We rely only on vetted sources and credible third-party reporting. For details, see our ethics and guidelines.
Government of British Columbia (1); People's Law School (2); CTV News (3); Zumper (4)
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Leslie Kennedy served as an editor at Thomson Reuters and for Star Media Group, followed by a number of years as a writer and editor and content manager in marketing communications, before returning to her editorial roots. She is a graduate of Humber College’s post-graduate journalism program and has been a professional writer and editor ever since.
