Background: Ellen Campbell entered into a residential tenancy agreement with The Bloom Group, a non-profit housing provider, on November 1, 2016. On April 27, 2021, The Bloom Group served Campbell with a Notice to End Tenancy due to 17 documented complaints of her verbally abusive and discriminatory behavior towards other tenants. Campbell applied to the Residential Tenancy Branch (RTB) to cancel the notice.

Legal Arguments/Issues: Campbell requested an adjournment of the RTB hearing, claiming a hearing impairment. The arbitrator denied the request, doubting the genuineness of her claim and considering it a delay tactic. Campbell argued that the arbitrator’s skepticism about her adjournment request led to an unfair credibility assessment and patently unreasonable decision. She contended that the arbitrator’s handling of her adjournment request and the overall proceedings breached principles of natural justice and procedural fairness.

Held: The Court of Appeal dismissed Campbell’s appeal, upholding the RTB’s decision. The court found that the arbitrator reasonably denied the adjournment request, supported by evidence of Campbell’s active participation in the hearing. The credibility findings were based on comprehensive evidence, including video recordings of Campbell’s interactions, which were inconsistent with her explanations. The court determined that procedural fairness was not compromised, as Campbell had a full opportunity to present her case.

Costs/Damages Awarded: The court's ruling did not specify any costs or damages awarded in favor of The Bloom Group.