Parkbridge Lifestyles Communities Inc. (Parkland Village) v. Vanderhaak, 2011 ABQB 402

Court of Queen ’ s Bench of Alberta Citation: Parkbridge Lifestyles Communities Inc. (Parkland Village) v. Vanderhaak, 2011 ABQB 402 Date: 20110627 Docket: 1103 05265 Registry: Edmonton Between: Parkbridge Lifestyles Communities Inc. Operating As Parkland Village Plaintiff - and - Jonathan Vanderhaak and Mike Vanderhaak Defendants _______________________________________________________ Memorandum of Decision of W. S. Schlosser, Master in Chambers _______________________________________________________ [ 1 ] This is an application to terminate a tenancy pursuant to s. 25(

d) of the Mobile Homes Sites Tenancies Act , R.S.A. 2000, c. M-20 . [ 2 ] The tenancy has not been without incident. There have been some issues relating to late payment of water charges, timely removal of garbage and (etc.). However, these issues have been resolved over the course of the tenancy and there is nothing significant outstanding. [ 3 ] Recently, there have been complaints about a large number of people coming and going from the tenants’ mobile home.

One of the tenants, Jonathan Vanderhaak, was investigated by the Royal Canadian Mounted Police and, on March 4, 2011, was chargedwith possession of controlled substances for the purpose of trafficking. Mr. Vanderhaak has plead not guilty and the charges have beenadjourned to October 3, 2011 for trial. [4] Corporal Carson Creaser, who took out the Information, detailed the circumstances leading to the arrest and charges in an e-mail sent to Applicant’s counsel.

Corporal Creaser’s e-mail is attached and marked as an exhibit to the Applicant’s Affidavit. [5] It is understandable that the Plaintiff should wish to protect its family community by keeping it free of drugs. However, Iam unable to terminate the tenancy based on the evidence before me. [6]

Section 25(

d) of the Mobile Home Sites Tenancies Act is as follows: 25 The following covenants of the tenant form part of every tenancy agreement: (

d) that the tenant will not perform illegal acts or carry on an illegal trade, business or occupation on the mobile home site, thecommon areas or the property of which they form a part; [7] This portion of the Act is identical to s. 21(

c) of the Residential Tenancies Act. [8] The purpose of the Mobile Homes Sites Tenancies Act was to protect tenants and regularize the somewhat uniquerelationship between landlords and tenants in mobile home parks. (Joma Sailaway Ent. Partnership v. Holden, 2009 ABQB 739 QB.) [9] In this case: 1. The certified copy of the Information, which is tendered into evidence pursuant to the Alberta Evidence Act, is evidence of thecharge and the plea, not the offence. As such, it does not prove the illegality required to terminate the tenancy; though a guilty plea orconviction would be admissible in this regard. 2.

The e-mail from Corporal Creaser which is appended at exhibit “E” to the Affidavit used in support of the application is also notproof of the illegal acts or trade and, from an evidentiary perspective, runs afoul of Rule 13.18(3), which requires personal knowledgefrom the person swearing the Affidavit in support of an Application that will dispose of this claim. 3.

Both Jonathan Vanderhaak and Mike Vanderhaak are tenants, and, in order to terminate the tenancy of Mike Vanderhaak, itwould have to be shown that Mike Vanderhaak participated in Jonathan Vanderhaak’s allegedly illegal activities or that he knew of it orauthorized it. (Fairmont Hotels Inc. v. Zwir, 2007 ABPC 107 , 2007 CarswellAlta 534, 421 A.R. 153 (Prov. Crt.)) [10] I am mindful of the distinction between proof on a civil and a criminal standard. However, the evidence does not take us overthe civil threshold. [11] Things may well change in October.

However, I am unable to terminate the tenancy based on the material before me. [12] The Application is dismissed but it may be renewed with fresh evidence.

Heard on the 14 th day of June, 2011. Dated at the City of Edmonton, Alberta this 27 th day of June, 2011. W. S. Schlosser M.C.C.Q.B.A. Appearances: Barry Basaraba McGee Richard for the Plaintiff Lisa Trach Moreau & Company for the Defendants