MARIJUANA GROWERS GO TO B.C.'S HIGHEST COURT TO FIGHT EVICTION

Law Protects Tenants Who Engage In Illegal Acts

VANCOUVER - Ralph and Ronald Fulber are fighting all the way to British
Columbia's highest court to prevent their landlord from evicting them
because they are running a marijuana growing operation.

The two brothers, who live in rented houses in the community of Britannia
Beach north of Horseshoe Bay, run their operation in the houses as well as
in the basement of a third house Ralph Fulber rents in the community.

Even though police have charged the Fulbers -- as well as Ronald Fulber's
wife, Filomena -- for growing marijuana, B.C. laws state that landlords
cannot evict tenants for illegal activities unless they seriously affect
the premises.

The Fulbers' landlord is PriceWaterhouse Coopers because the whole former
mining town is in receivership. When the landlord attempted to evict them
from both houses last year, they challenged the eviction at B.C.'s
Residential Tenancy Branch.

The arbitrator concluded that growing marijuana does not necessarily have a
serious impact on the landlord, but ruled that Ralph Fulber's full-scale
operation could damage the property and supported the eviction.

The Fulbers then took their case to B.C. Supreme Court to ask for a
judicial review of the arbitrator's decision.

The judge backed the arbitrator's decision to evict Ralph Fulber, but
ordered another arbitration hearing in Ronald's case because he was only
growing plants in an upstairs closet.

Ralph Fulber's lawyer is to be in court today to ask for permission to go
to the B.C. Court of Appeal with his fight.

Al Kemp of the Rental Owners and Managers Association of B.C. said the
Fulbers' case is the third in the past two years where landlords have had
to fight to evict tenants with illegal grow operations.

"It's just not right, and it's not logical," said Mr. Kemp. "The government
is telling landlords it's OK for tenants to break the law, as long as they
don't break it too much."