Grewal v. Selim, 2012 ABQB 560

Court of Queen ’ s Bench of Alberta Citation: Grewal v. Selim, 2012 ABQB 560 Date: 20120911 Docket: 1203 12889 Registry: Edmonton In the Matter of an Application Pursuant to the Residential Tenancies Act, R.S.A. 2004, c. R-17.1 , and amendments thereto Between: Hardev Grewal Applicant / Respondent - and - Yaser Khedr Selim Respondent / Appellant _______________________________________________________ Memorandum of Decision of the Honourable Mr. Justice Brian R. Burrows _______________________________________________________ [ 1 ] On August 30, 2012 Master Smart held that there had been a substantial breach by Mr.

Selim of the tenancy agreement between him, as tenant, and Mr. Grewal, as landlord. He found that the evidence before him established on a balance of probabilities that Mr. Selim had assaulted Mr. Grewal and that under the Residential Tenancies Act Mr. Grewal was entitled to terminate the tenancy. He ordered that Mr. Selim give up possession of the premises on September 30, 2012 and keep the peace in the apartment building in the meantime.

[ 2 ] Mr. Selim appeals from that order. [ 3 ] I have reviewed the transcript of the proceedings before Master Smart. I have also reviewed the affidavit materials filed by both parties. [ 4 ] Mr. Selim raises two points in support of his appeal. [ 5 ] First, he says that he did not have appropriate notice of the application before Master Smart. He suggests he was entitled under the Rules of Court to 5 days notice of Mr. Grewal ’ s application.

Master Smart noted in the course of the hearing from which the appeal is taken that under s. 30(1) of the Residential Tenancies Act where the tenant has physically assaulted or threatened to physically assault the landlord or another tenant, the landlord can bring an application to terminate the tenancy on 24 hours notice. Here Mr. Grewal gave at least 24 hours notice of the application to Mr. Selim. I reject this ground of appeal. [ 6 ] Second, Mr. Selim denies assaulting Mr. Grewal. The only evidence he has filed does not contain a clear denial of an assault.

He says, “ How I do assault him and same time my hands tied with camera and phone to phone 911 for assault me and ambulance came to see me. ” Assaultive behaviour includes physically threatening behaviour. That, in my view, answers Mr. Selim ’ s question. [ 7 ] Mr. Selim has filed no new evidence on this appeal. Master Smart assessed the evidence before him and concluded that the assault had been proven on a balance of probabilities. I agree with Master Smart ’ s assessment. I reject this second ground of appeal as well. [ 8 ] The appeal is dismissed. Master Smart ’ s order is confirmed.

Heard on the 10 th day of September 2012. Dated at the City of Edmonton, Alberta this 11 th day of September 2012. Brian R. Burrows J.C.Q.B.A. Appearances: Pierre G. Asselin for the Applicant/Respondent

The Respondent/Appellant appeared without Counsel