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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 71<br />

[146] Arbitrator Gilbert denied the application. In his<br />

written reasons, he explained as follows at page 4:<br />

... I denied that application for adjournment on the<br />

basis that the landlord has shown a prima facie<br />

basis for the Notice to end the tenancy. I refer to<br />

the landlord’s Notice to end the tenancy and the<br />

numerous attachments with that document. I also<br />

denied the application for adjournment because the<br />

Notice provides that the tenancy ends on August 31,<br />

2002 and there was no indication that the dispute<br />

could be resolved by that date. Finally, I denied<br />

the application for adjournment on the basis that<br />

counsel for the tenants was unable to inform me with<br />

any certainty of when the tenants might be able to<br />

attend for a hearing. I advised counsel for the<br />

tenants that he had two choices. We could continue<br />

with this hearing on August 15, 2002 with counsel<br />

for the tenants presenting the case for the tenants<br />

as agent for the tenants or I could dismiss the<br />

tenants' application for arbitration without leave<br />

to reapply. I noted that the reason that I would<br />

dismiss the application without leave to reapply was<br />

that the Notice to end provides that the tenancy<br />

ends on August 31, 2002. As I have noted<br />

previously, it is the Legislature's intention that<br />

these proceedings be conducted expeditiously and<br />

therefore it is imperative that the issues be<br />

decided before the tenancy is scheduled to end. ...<br />

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

[147] Following this ruling, Mr. Duhaime elected to<br />

proceed with the hearing and represented the petitioners in<br />

their absence. At the end of that day's proceedings, the<br />

parties agreed to set aside another full day for a<br />

continuation of the hearing on August 26, 2002.<br />

[148] On August 26, 2002, Mr. Duhaime attended, once<br />

again, in the absence of the petitioners. He made another

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