Law360 Canada (October 23, 2023, 8:35 AM EDT) -- Petition by Ball for judicial review of Residential Tenancy Branch’s decision on grounds of procedural fairness and substantive review, and application by Bedwell Bay for summary trial. Ball lived in a motorhome campground owned and operated by Bedwell Bay Construction (“Bedwell Bay”). Ball believed that she lived at the campground as a tenant, but Bedwell Bay maintained that Ball only held a (revocable) licence to occupy a site at the Campground. Ball agreed to abide by the campground rules (Park Rules) and signed one agreement when she moved in. Ball, however, refused to pay the daily resort fee and GST required by the park rules. She believed the resort fee effectively amounted to a disguised rent increase during the COVID-19 pandemic. She persisted in her refusal to pay these fees despite being given an opportunity to pay them by Bedwell Bay. A representative of Bedwell Bay provided Ball a letter requesting that she vacate Site 35. Bedwell Bay sought to remove Ball from the campground since June 2021. Ball brought an application to British Columbia’s Residential Tenancy Branch (“RTB”). The RTB arbitrator determined that Ball only held a licence and accordingly, the RTB did not have jurisdiction to decide Ball’s tenancy-based claim on its merits. Bedwell Bay filed an application for summary trial seeking Ball’s ejectment from the site to enforce its right to revoke the licence. Ball argued that proceedings in the RTB culminating in the decision were procedurally unfair....