VANCOUVER (NEWS1130) - A Vancouver woman claims she was evicted for calling police about an abusive roommate. She's taking her case to court after the
Residential Tenancy Branch upheld the eviction order.
Linda tells us her roommate destroyed her computer and some of her clothing, and the harassment was ongoing. She also says she called police four times in a two week period and is worried the decision by the RTB might discourage women from calling police when they need help.
"I really feel that it's critical that other woman do feel they have the right, when they are actually being physically harassed and in physical danger, to call police. I think it's really critical," she explains.
Linda lived in the home in the Jericho area for eight months before being evicted in April. The other four tenants were all men.
"There should be no fear of eviction for [calling the police]. I do feel that I had the right to stay in the home until I found suitable housing" she tells us. "I have to say that the police did respond appropriately and I am grateful for that. I guess what I hope to achieve is [to have] my eviction revoked. I don't feel I should have that on my record."
PIVOT Legal Society is helping Linda argue her case, which is a judicial review of the Residential Tenancy Branch decision upholding her eviction.
"We're challenging it on the legal grounds that the decision by the adjudicator was patently unreasonable" explains lawyer Scott Bernstein with PIVOT. "The reason we say this is because the adjudicator looked and considered that our client's calling the police several times was an unreasonable disturbance to the other tenants."
"We say that the adjudicator at the Residential Tenancy Branch is in no position to make a call that somebody calling the police can be a disturbance, whether [the call] was justified or not," he adds.
Bernstein notes police can judge whether a call was warranted; they also have mechanisms for dealing with people who make calls that are not justified.
A BC Supreme Court judge is conducting a judicial review today. The decision is expected to be reserved.