Zhang v Allan, 2018 ABQB 1016

Court of Queen’s Bench of Alberta Citation: Zhang v Allan, 2018 ABQB 1016 Date: 20181214 Docket: 1803 22253 Registry: Edmonton Between: Li Yuan Zhang Plaintiff/Respondent - and - Michael Allan and Patricia Gladue Defendants/Applicants _______________________________________________________ Reasons for Decision of W.S. Schlosser , Master in Chambers _______________________________________________________ [ 1 ] This was an ex parte application by Mr. Allan and Ms.

Gladue in regular morning Chambers to set aside a notice to vacate. [ 2 ] Officer Young of the Residential Tenancy Dispute Resolution Service granted a Conditional Order respecting the payment of rent of arrears on November 13, 2018. A first payment of $1000.00 was due December 1 st . Ms. Gladue attempted to make this payment to the Respondent, in cash, on the 1 st , but the Respondent declined to accept it, for reasons unknown. Instead, the Respondent served the notice to vacate that is the subject of this application.

[ 3 ] Officer Young’s Order states: . . . the Tenancy will not be terminated if the following conditions are met: The Tenant(

s) shall make the following payments to the Landlord(

s) The amount of $1,000.00 on or before 5:00 pm December 1, 2018 The amount of $ 200.00 on or before 5:00 pm December 15, 2018 The amount of $1,000.00 on or before 5:00 pm January 3, 2019 The amount of $ 375.00 on or before 5:00 pm January 15, 2019 The amount of $1,000.00 on or before the 1 st day of each and every month commencing on February 1, 2019 and continuing to, and including March 1, 2019. (emphasis added) [ 4 ] RTDRS Orders are filed in this Court, usually by landlords and usually for the purposes of enforcement. The RTDRS Order, once filed in this court, becomes an Order of this Court.

The refusal of a landlord to accept a payment, or to abide by the RTDRS Order is not only disobedience of that Order but, once filed here, may also be contempt of an Order of this Court (Rule 10.52 (3) (a)(i)) A Judge of this court then has the range of remedies described in Rule 10.53, which are as follows: 10.53(1) Every person declared to be in civil contempt of Court is liable to any one or more of the following penalties or sanctions in the discretion of a judge: (

a) imprisonment until the person has purged the person’s contempt; (

b) imprisonment for not more than 2 years; (

c) a fine and, in default of paying the fine, imprisonment for not more than 6 months; (

d) if the person is a party to an action, application or proceeding, an order that (

i) all or part of a commencement document, affidavit or pleading be struck out, (ii) an action or an application be stayed, (iii) a claim, action, defence, application or proceeding be dismissed, or judgment be entered or an order be made, or (iv) a record or evidence be prohibited from being used or entered in an application, proceeding or at trial.

(2) The Court may also make a costs award against a person declared to be in civil contempt of Court.

(3) If a person declared to be in civil contempt of Court purges the person’s contempt, the Court may waive or suspend any penalty or sanction.

(4) The judge who imposed a penalty or sanction for civil contempt may, on notice to the person concerned, increase, vary or remit the penalty or sanction. [ 5 ] I am not aware of a built-in mechanism for enforcement at the RTDRS level. [ 6 ] It is unacceptable for landlords to refuse to accept payment directed by the RTDRS.

Rule 13.48 permits money to be paid into a court in accordance with a Judgment or Order. (13.48 (c)). [ 7 ] The Applicants may pay the amounts set out in the RTDRS Order into court in satisfaction of the RTDRS Order. [ 8 ] The payments into court will be in full and final satisfaction of the terms of the Order. The landlord may appear in court, on notice, to ask that the Order be varied. The landlord may also apply to court to have the money paid out. [ 9 ] The notice to vacate given by the Respondent to the Tenants is set aside. The Tenants are entitled to their provable out-of- pocket (or

Schedule

B) expenses for their attendance this morning, which may be deducted from the funds to be paid out of court. Heard on the 6 th day of December, 2018. Dated at the City of Edmonton, Alberta this 14 th day of December, 2018.

W.S. Schlosser M.C.Q.B.A. Appearances: Li Yuan Zhang, Not present, not represented Michael Allan and Patricia Gladue Self-represented Litigants