Landlord survives tenant's abuse accusations, wins BC eviction case

A landlord accused of being verbally abusive won a wrongful eviction case against a former tenant at the BC Civil Resolution Tribunal.

In a decision posted publicly, Jacqueline Levesque faced off against Collin Payne, claiming $5,000 in damages.

Payne served Levesque with an eviction notice because he wanted his daughter to move in, which is legal grounds for eviction in BC.

Payne denied being verbally abusive, but here’s what the tribunal decided.

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Payne and Levesque signed their tenancy agreement on May 1, 2018. The rent was $600 a month and the tribunal noted that it never increased. The agreement called for Levesque to do some housecleaning, yard work, and laundry for Payne and his family.

On November 14, 2022, Levesque received an eviction notice that required her to be out by February 1, 2023, because Payne’s daughter was going to occupy the unit. Levesque told the tribunal she was able to find subsidized housing afterwards.

Levesque claims she was wrongfully evicted and told the tribunal that Payne’s daughter didn’t actually move in, but she couldn’t provide any evidence to prove her claim.

Levesque further claimed $5,000 for intentional infliction of mental distress or mental suffering. She said that Payne’s behaviour put her in a “constant state of dread and gave her panic attacks.”

She told the tribunal that Payne’s abuse happened in the first week when he yelled at her for helping herself to his popcorn. At various times, Levesque claimed that Payne yelled at her to get out or threatened to lock her out of the house.

Levesque also recounted an incident in which Payne’s dog escaped the yard. She told the tribunal that when Payne came home, he saw a broken gate and called her “a nothing, nothing but an Indian, a loser, a nobody.” Levesque also claimed he called her the C-word.

She said a panic attack lasted several hours following this incident.

Levesque was not able to prove any of her claims, and texts that Payne submitted into evidence suggested the opposite, that Payne was a kind and friendly landlord. The tribunal also noted there was evidence that Levesque suffered from mental health issues before she moved in.

The tribunal dismissed Levesque’s claims and the dispute in its entirety.