Facts: Annaliese Nikkel, the tenant, was involved in a dispute with Atira Women's Resource Society over an unpaid rent notice. Despite paying the overdue rent within an extended deadline, a tenancy termination notice was issued.
Issue: Nikkel challenged the notice's validity, citing procedural fairness and disputing the reasonableness of the arbitrator's decision.
Court's Ruling: The court found the arbitrator's decision patently unreasonable and procedurally unfair for failing to consider the extended payment period and the payment made. The decision and order of possession were set aside, and the case was remitted for reconsideration.
Damages/Costs Awarded: The court did not specify damages but ordered the case to be reconsidered by the Residential Tenancy Branch (RTB), and granted costs to Nikkel for the judicial review proceeding.
