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Mobile Home Sales Ltd.

RE PARK MOBILE HOME SALES LTD. v. LE GREELY 278 RE PARK MOBILE HOME SALES LTD. RE PARK MOBILE HOME SALES LTD. v. LE GREELY [1978] C.N.L.B.(No.4) 25 British Columbia County Court, MacDonald C.C.J., 12 May 1976 (Appealed to British Columbia Court of Appeal, infra p.283) Park Mobile Home Sales Ltd. (hereinafter called "Park") applied under s .54(1 ) ofthe Landlord and Tenant Act , R.S.B.C. 1974, c.45, for a review of an order made bythe rentalsman under that statute. Park owned and operated a business renting out mobile home pads on Indianreserve land. The lands had earlier been surrendered and then leased out for the abovepurpose. Park rented a pad to Le Greely - a non-Indian. Park sought to increase therent. Le Greely applied to the rentalsman for an order disallowing the proposedincrease. The rentalsman made the order asked for. Park argued that, while the arrangement it had entered into with Le Greely was a"tenancy agreement" under the statute, it had the same effect in law as a lease and,accordingly, created an estate in the land covered by it. Accordingly, it contended thatthe Act purported to regulate the use of reserve land and was unconstitutional, asinfringing upon s.91(24) of the British North America Act, 1867 , 30 & 31 Vict.,c.3. Held : (MacDonald C.C.J.) 1. The Act is one of general application and applied throughout the province. 2. The Act governs and regulates relationships between landlord and tenant and isconcerned primarily with the contractual rights of the parties under their tenancyagreement. It is not concerned with Indians as such, nor is it concerned with theIndian lands. It does not purport to regulate either. 3. The jurisdiction of the rentalsman was upheld . MACDONALD C.C.J.: This is an application under s.54(1) of the Landlord and Tenant Act , R.S.B.C. 1974, c.45, for a review of the order ofthe rentalsman of the province of British Columbia, made on the 13th ofAugust 1975, wherein he decided that the provisions of the Landlord andTenant Act , were applicable to a tenancy agreement in existence between theapplicant landlord and the respondent tenant, and that the rentalsman hadjurisdiction to hear any dispute between the applicant and the respondent. . . The land on which the Toussawasket Mobile Home Estates is located islot No.31 and No.32 in the Tsinstikeptum Indian Reserve No.9, OsoyoosDivision, Yale District, province of British Columbia. On July 1st, 1971,Her Majesty Queen Elizabeth II, represented by the minister of Indian affairsand northern development, entered into a lease with Wes Kel Holdings Ltd.,wherein the said lots 31 and 32 were leased to Wes Kel Holdings Ltd. for aterm of fifty years. On the 12th day of October 1972 Wes Kel Holdings 27 9 Ltd. leased the aforesaid property to Park Mobile Home Sales Ltd., theapplicant landlord herein, for the period of the balance of the duration of theabove-mentioned lease. At all material times Park Mobile Homes Ltd. wasoperating a business under the firm name and style of Toussawasket MobileHome Estates. On or about the month of August 1975 and at all materialtimes herein the respondent tenant John Le Greely rented a mobile home padfrom the applicant pursuant to the terms of a residential tenancy agreement,the pad being more particularly known and described as No.37 - 1999Highway No. 97 South. A dispute arose between the applicant and respondent and a hearing washeld on same before the rentalsman on August 7th, 1975. At the hearingcounsel for the applicant argued that the rentalsman was without jurisdictionto hear the dispute as the mobile park was located on Indian land belongingto the federal government. The rentalsman reserved his decision and onAugust 13th ruled that he did have jurisdiction to hear the dispute. . . .Park Mobile Home Sales Ltd., the applicant herein, claims immunityfrom the provisions of the Landlord and Tenant Act and regulationsthereunder on the grounds that they are inapplicable to the lands within anIndian reserve. The applicant argues that the Landlord and Tenant Act , so faras it purports to apply to the Indian reserve lands in question, isunconstitutional as infringing on the exclusive legislative jurisdiction of theParliament of Canada, derived from s.91(24) of the British North ArnericaAct , 1867, 30 & 31 Vict., c.3. The material before the court would indicate that in this case neither thelandlord, an incorporated company, nor the tenant, Mr. Le Greely, wereIndians. I have perused the Landlord and Tenant Act and note that it is divided intonine parts. Part 1 refers to the fact that the Act is to apply to residentialpremises which, according to the Interpretations section of the Act, wouldinclude the premises with which this court is concerned. Part 2 of the Actis concerned with the application of the common law principles to thetenancy agreement and regulations to be contained therein. Part 3 of the Actis concerned with primarily the forms of notice of termination and timelimitations for the notice, the landlord's requirement to give reasons fortermination, renewal of tenancy agreements, and the review of terminationby the rentalsman. Part 4 of the Act is primarily concerned with the RentReview Commission, its functions and powers and the steps the landlordmust follow before collecting an increase in rent. Part 5 is concerned withthe landlord's duty to repair and provide essential services and the tenant'sduty to maintain the premises. Part 6 regulates the terms and requirementsof security deposits. Part 7 is headed Abandonment of Residential Premisesand Chattels and sets out certain regulations that apply when premises areabandoned by a tenant. Part 8 is headed Rentalsman and Courts and isconcerned with the appointment and jurisdiction and other functions of therentalsman and makes provision for judicial review of the rentalsman's 280 RE PARK MOBILE HOM E SALES LTD. decisions. Part 9 is headed Miscellaneous and Transitional and makesprovision for penalties for offences committed under the Act. It also makesprovisions for amendments of certain Acts and sets out that the Act is tocome into force on a date to be fixed by proclamation. The Act is an Act of general application and I would think applies tolandlords and tenants as such throughout the province. It is certainly notdirected to any class of persons or to any particular lands. It is apparentfrom a reading of the Act that it governs and regulates relationships betweenlandlord and tenant. It is concerned primarily with the contractual rights ofeach of these parties under their tenancy agreement and with the provisionsfor termination of same. It is concerned with provisions for increase of rentand with certain statutory requirements to ensure that landlords provideservices reasonably related to the tenant's use and enjoyment of the property. The applicant argues that the Act is concerned with the use of land andrefers the court to certain sections of the Act and in particular ss.11, 20 and31 thereof. He refers to the fact that s.11 sets out that a tenancy agreementmay contain reasonable obligations and restrictions upon the tenantrespecting his use and maintenance of the residential premises. This sectionsimply outlines what obligations and restrictions may be placed in a tenancyagreement, and it would seem to me that those obligations and restrictionsare upon the tenant and not upon the use of the land. The applicant arguesthat s.20 regulates the landlord's change of use of the land and in that senseregulates the use of the land, but in essence this is not so. What the sectionsays is that if the landlord requires the residential premises for some otherpurpose then he must give the tenant 120 days termination notice on theexisting tenancy agreement. This section does not regulate the use of land,it sets out notice of termination requirements should the landlord require thepremises for some other purpose. It does not designate in any way to whatother purpose or what other use the landlord or tenant may or must put theland. The applicant argues that s.31 obligates the landlord to provide certainservices that affect the use of the land. Under this section the landlord isrequired to provide and maintain residential premises in a state of repair thatwill comply with health and safety standards required by law. The tenant isrequired to maintain ordinary health and sanitary standards throughout thepremises and repair damage caused by his wilful negligence. In the eventthe land is used to provide residential premises, then landlords mustmaintain the premises within certain standards. I find difficulty in sayingthat a statute requiring a landlord to keep a house he is renting to a tenant inreasonable state of repair regulates the use of the land. I suppose s.31 of theAct does to some extent in an indirect sense affect the use of the land,however, the section itself relates, I would think, primarily to the obligationof the landlord and the tenant to keep the premises in a state of repair. The applicant has submitted that a tenancy agreement and a lease are oneand the same thing and that this being the case the law as set out in Cricklewood Property and Investment Trust Ltd. v. Leightons InvestmentTrust Ltd. , [1945] A.C. 221, [1945] 1 All E.R. 252, would apply. In that 28 1 case Lord Russell stated [at 258, All E.R.]: "A lease is much more than acontract. It creates and vests in the lessee an estate or an interest in land, achattel interest it is true, but a vested interest or interest nonetheless." On the authority cited it may well be that the respondent tenant in thisparticular case does have at least a chattel interest in the land. I question,however, that the court has to concern itself with what interest the landlordor the tenant may have had in these lands. It would seem to me that the realissue here is, does the Landlord and Tenant Act relate to these Indian lands insuch a way that it infringes upon and derogates from the right of theParliament of Canada, as set out in s.91(24) of the British North AmericaAct,1867 , to pass laws relating to Indians and lands reserved for Indians. If the Landlord and Tenant Act does infringe on the right of theParliament of Canada to pass laws relating to land reserved for Indians, thenin that respect and to the degree that it does so, it would be unconstitutionalas being ultra vires the powers of the provincial legislature. To determinethis question the court must, I feel, look to the purpose of this legislation.I have found that the purpose of the Act is to govern and regulate therelations, contractual and otherwise, between landlords and tenants in theprovince of British Columbia. The Landlord and Tenant Act is a statute ofgeneral application, it is not directed to any one group of people, Indians orotherwise, but to all of the people in British Columbia who are eitherlandlords or tenants.... It would seem to this court that the whole pith and substance of thesections of the Landlord and Tenant Act contained in Parts 1 - 9 consists inestablishing statutory regulation over relations between landlords and tenantsin the province of British Columbia. It is concerned primarily, if nottotally, with property and civil rights. It is not concerned with Indians assuch, nor is it concerned with Indian lands. It does not purport to regulateeither. I cannot see how it can be said to infringe on Parliament's power topass laws in relation to Indians and Indian lands. On the contrary, the Landlord and Tenant Act is concerned in a general sense with property andcivil rights, an area in which the provinces under s.92 (13) of the BritishNorth America Act have the exclusive right to pass laws.... Bull J. (in Sammartino v. A.-G. of British Columbia , [1972] 1 W.W.R.24, 22 D.L.R. (3d) 194, [7 C.N.L.C. 437], held that the tax legislation inquestion was not concerned with Indian lands but with imposing a tax onthe occupier of the land. On the authority of Sammartino v. A.-G. ofBritish Columbia , it could be said in this case that, in passing the Landlordand Tenant Act , the legislature of the province of British Columbia had notpurported to legislate with respect to lands reserved to Indians, but merelypurported to govern relations between the occupiers of these lands whohappen to be in this case a landlord and a tenant. In Corporation of Surrey et al v. Peace Arch Enterprises Ltd. andSurfside Recreations Ltd. (1970), 74 W.W.R. 380, [6 C.N.L.C. 59], theappellants, who were constructing an amusement park within the municipallimits of the District of Surrey, appealed a judgment declaring that their acts 282 RE PARK MOBILE HOME SALES LTD. were in breach of the zoning bylaws of the municipality and of the HealthAct , R.S.B.C. 1960, c.170, and restraining them from proceeding with theconstruction of same. Maclean J.A. stated at page 383 [W.W.R.]: In my view the zoning regulations passed by the municipality, and theregulations passed under the Health Act are directed to the use of the land. Itfollows, I think, that if these lands are "lands reserved for the Indians" within themeaning of that expression as found in sec.91 (24) of the B.N.A. Act, 1867 , thatprovincial or municipal legislation purporting to regulate the use of these "landsreserved for the Indians" is an unwarranted invasion of the exclusive legislativejurisdiction of Parliament to legislate with respect to "lands reserved for theIndians." Maclean J.A. stated further on page 387: My conclusion is that the exclusive legislative jurisdiction over the land inquestion remains in the Parliament of Canada, and that provincial legislation(including municipal bylaws) which lays down rules as to how these lands shallbe used, is inapplicable. In this case the legislation actually affected the land in a direct sense inthat it purported through the zoning bylaws to actually designate what usethe land could be put to. The legislation was concerned primarily with theland itself, it affected, or related to land as land and, as it was Indian land,Maclean J.A. felt the legislation infringed upon the exclusive legislativejurisdiction of Parliament. The applicant to some extent relies on this caseto support his contention that the Landlord and Tenant Act , as it applied tothe landlord and tenant in this particular case on this particular Indianreserve, infringed on the exclusive legislative jurisdiction of Parliament.With respect, I cannot agree with this contention in this regard and for thereasons heretofore set out and on the authorities cited, this court would rulethat the Landlord and Tenant Act , R.S.B.C. 1974, c.45 governs andregulates the relationship between the applicant landlord herein and therespondent tenant herein and that the rentalsman and Rent ReviewCommission of the province of British Columbia has jurisdiction to hearand determine the dispute between the applicant and respondent in respect tothe respondent's leased premises located at lot 37 - 1999 Highway 97 South,Kelowna, British Columbia.

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RV Family Travel and Camping Testimonials Go RVing Search Reconnect with Family Cool For Kids Easy on the Pocket Freedom & Control Convenience & Comfort Lure of the Outdoors Retire In Style Meet RV Families/Testimonials Pursue Your Passions Print this Page Meet RV Families/Testimonials We'd love to hear about your RVadventures. If you'd like your story to be considered for posting on ourwebsite for other RVers to read, please send it to us. Please note that bysending us your personal RV testimonial, you are giving us your permissionto post it on the site. Click here to Submit Your Own Testimonial. Joel & Jerrie Crawford Joel Crawford is now on his eighth RV and he says they just keep getting better. He and his wife, Jerrie, along with their dog, Beau, love to hop in their 35-foot Type A Motorhome and take off on the spur of the moment. Its an easy escape. You dont have to pack or unpack, Joel says. We keep the RV loaded. We keep our clothes in there all the time, so we just put the perishables in and were gone. Its a convenient way to travel. Im retired, so most of the time we get away in the middle of the week when nobody else is getting away, Joel says. A lot of times we just go up into the mountains and hide for three or four days. Joel became an RV owner in his thirties when he got tired of borrowing his parents RV and decided it was time to get one of his own. And, over the years, he and Jerrie have traveled the southern half of the United States from coast to coast and up the east side of the Rockies and down the west side, border to border. Joel said the conveniences of their RV make it seem like they were never away from home. Its a trouble-free way to travel. The Crawfords 10 grandchildren are RVing fans, as well. Joel and Jerrie have taken them to Disney World, Opryland and Dollywood, to name just a few places. A lot of people think an RVs hard to drive, but thats just not true. You get used to it. For me, it was always there. It was in my blood. And dogs are fans of the RV, too. The Crawfords once had a dog named Chuck who had an amazing ability to read road signs, they say. Chuck would look out the window, and every time he saw a road sign for a rest area, hed jump off the seat and wait by the door, Joel says, laughing. And Beau just likes to get up on the dash and bark at the trucks. Joel & Jerrie Crawford, Lawrenceville, GA Tim & Lynne Polley Tim Polley has been RV camping his entire life. And now hes introducing a third generation of Polleys to the experience. I started RV camping with my parents. We started out with a folding camping trailer, then moved up to a 16-foot travel trailer and then to a 24-foot travel trailer with all the amenities, he says. And then I got married. My wife, Lynne, and I both love being outdoors. We started tent camping, but as we got older, it was taking an entire day for our weary bones to recover. So, about a year ago, we bought a folding camping trailer of our own. Its great for comfort. And it provides better protection from the weather. I dont want to forget to mention how important our dealer was in assisting us to pick the right trailer for us and helping take care of our service issues. They have been a very vital part of Lynnes and my RV experience. So far, theyve used their RV for trips through Iowa and Illinois. One highlight from their RV excursions so far? A two-week visit to Colorado. The kids are enjoying the RV as well. It keeps them active and stops em from being couch potatoes. We are able to bring our bikes along with us, and so we can all go bike riding together. Were able to teach our kids about the outdoors. And teach them how to rough it a little bit. With RVing, youre able to develop a closeness with people. At night, my wife and I like to walk around the campgrounds. You say hello to the people there and start having conversations with each otherwhere youre from, what you do for a living. And from those conversations, you form friendships. I think you talk to people at RV campgrounds more than you would in everyday life. Tim & Lynne Polley, Moline, IL Geula Resnick (and friends) Geula Resnicks RV is NOT going to the dogs. But it IS going to the dog shows. After all, she bought her RV three years ago with the express purpose of going to dog shows. Geula shows Rottweilers. She and her husband, David, own three: Monty, Riley and Charley, along with two Manchesters: Redi and Lola. Geula says the motivation behind getting their RV was simple: The convenience, she says. Being able to have all the dogs with methose were the main reasons we got an RV. For the people, its more comfortable. And for the dogs it is, too. Without an RV, our dogs would to travel to the shows in crates, but this way, we can let them have the run of the RV. With an RV, youre able to bring the comforts of home with youfor you and for your dogs. The Denver resident uses her 28-foot Type A Motorhome to take her dogs (as well as friends and their dogs) to shows throughout Colorado, New Mexico, Arkansas and Nebraska. She has been showing dogs for about five years now and loves the pastime. She says that owning an RV has made the experience all the easierand more enjoyable. When we take our RV with us, well usually stay on the show site. Everyone parks together. Its a very social atmosphere at dog shows. RVs are a very popular mode of transportation among the dog show crowd. Out of about 100 members of our local Rottweiler club, I would say about 15 of us own RVs. And at a good-sized dog show, youll probably see anywhere from 40 to 50 RVs there for the weekend. I know people who have ordered custom RVs just to accommodate their dogs. Geula Resnick (and friends), Denver, CO Steve & Becky Miller Steve Miller and his wife, Becky, are RV veterans and have the friendships to prove it. In 1989, they purchased their first folding camping trailer so they could take family trips with their four-year-old son. But they soon realized that RVing isnt just a convenient way to travel with all the comforts of home. Its also a great way to meet new people and forge lifelong friendships with other RVers. It was at a campground in Myrtle Beach, S.C., that Steve and Becky met and befriended Bill, his wife, Jean, and their two children. And through them, they met Jerry, his wife, Joyce, and their grandson. The group hit it off and have been friends ever since. We have become friends with people we would not have met if we did not camp, Steve says. People we didnt even know when we purchased our first small camper have now become important to us. In 1994, with their son then nine years old, the Millers traded for a slightly larger towable RV. It was perfect for their trips to the Fort Wilderness Resort at Disney World, Williamsburg, Va., and Busch Gardens parks. Camping in our pop-ups has afforded us opportunities to go places we otherwise would not have gone, Steve says. When their son was almost 15 years old, the Millers were ready for another upgrade. That's when they bought the larger folding camping trailer they have to this day. This camper hasn't gone to Atlanta, Disney or Williamsburg, but it has continued the tradition of enabling us to be with friends that we have grown closer to over the years. Steve summed his feelings up best when he said, Vacationing any other way simply would not have yielded the same quality of life results. Steve & Becky Miller, Asheboro, NC ©2005 Go RVing, Inc.

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