Case Overview: Brittany Grace Smith petitioned for a judicial review of an April 22, 2024 decision by Arbitrator Kirk from the Residential Tenancy Branch, which upheld a notice to end her tenancy given by her landlord, Gursharan Singh Sidhu.

Legal Arguments/Issues: The notice to end tenancy was based on Smith’s alleged failure to provide access to her unit after receiving 24-hour written notice. Arbitrator Kirk upheld this notice. Smith applied for review, arguing the notice was improperly served. Arbitrator Grande dismissed this application. Smith challenged the decision as patently unreasonable and procedurally unfair. The court reviewed the arbitrator’s decision for patent unreasonableness, particularly under sections 5.1 and 84.1 of the Residential Tenancy Act and section 58 of the Administrative Tribunals Act. The first notice served on January 30, 2024, had the wrong address. The second notice on February 29, 2024, allegedly did not meet the requirements of the Act. Smith allegedly failed to give access and changed the lock without landlord consent.

Court Findings: The court found the arbitrator's decision unreasonable, as Smith did not receive proper notice according to the Act’s standards. The landlord admitted to errors in delivering the Access Notice, which invalidated the grounds for ending the tenancy. The arbitrator improperly considered the lock change without it being a basis in the notice to end tenancy.

Costs/Award: The decision and order for possession were set aside. Costs were awarded in favor of Brittany Grace Smith. Financial terms were not specified.