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Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

Young v. Saanich Police Department, 2003 BCSC 926 (CanLII).

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<strong>Young</strong> v. <strong>Saanich</strong> <strong>Police</strong> <strong>Department</strong>, et al Page 33<br />

requirements. I find no evidence that the CRHC acted pursuant<br />

to any policy with a view to discriminating against the<br />

petitioners for using marihuana. Instead, I am satisfied on<br />

the evidence that the landlord attempted to take reasonable<br />

steps to accommodate the petitioners, but the petitioners<br />

refused to cooperate. The CRHC was entitled to rely on the<br />

statute and did so in seeking to evict.<br />

<strong>2003</strong> <strong>BCSC</strong> <strong>926</strong> (<strong>CanLII</strong>)<br />

[70] In the course of proceedings under the RTA, Mr. and<br />

Mrs. <strong>Young</strong> contended, as they did before me, that there was no<br />

possible smell in the apartment complex associated with<br />

Mr. <strong>Young</strong>'s use of marihuana. Thus, the petitioners continue<br />

to rely on the lack of smell as a starting point for many of<br />

their arguments, yet the arbitrator clearly found otherwise<br />

based on the evidence before him. That finding formed the<br />

basis for refusing to set aside the Notice and was never<br />

overcome on the evidence before me.<br />

[71] Because the petitioners are self-represented, I<br />

considered inviting an application to amend: either to add<br />

the CRHC as a party or to allege that it was acting throughout<br />

on behalf of the CRD, which is indisputably a government<br />

actor. I then further considered referring any necessary<br />

factual issues to the trial list to avoid the problems

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