When Nicole McNeil, the appellant, and four other tenants challenged Elizabeth Fry Society’s restrictive building policies at the Residential Tenancy Branch (RTB), their application for dispute resolution was dismissed because the RTB agreed with Elizabeth Fry Society of Greater Vancouver that their housing was “transitional” and therefore exempt from BC’s tenancy laws.

Currently, the Residential Tenancy Act does not apply to transitional housing, leaving residents without rights or protections. The BCCLA intervened in this case to support an interpretation of the RTA that best protects vulnerable residents. The BCCLA argued that the Court needed to clarify the definition of transitional housing in a way that differentiates supportive and transitional housing to ensure all British Columbians can receive the vital protections to which they are entitled at law.