Background: Azmairnin Jadavji (Appellant) rented a townhome in West Vancouver from Jingjing Yin (Respondent) under a three-year tenancy agreement starting April 1, 2020, at $5700 per month. Jadavji withheld rent due to deficiencies, including an inoperative wine cooler and dirty blinds.

RTB Decision: The Residential Tenancy Branch (RTB) first ordered Yin to replace the wine cooler and clean the blinds. Despite compliance, Jadavji continued withholding rent, claiming the wine cooler was not comparable. Yin issued a notice to end tenancy for unpaid rent. The RTB Arbitrator ruled in favor of Yin, granting an Order of Possession and awarding $5400 in unpaid rent.

Judicial Review: Jadavji sought judicial review, arguing the Arbitrator failed to consider discretion under s. 66(2)(b) of the Residential Tenancy Act (RTA), which allows extending the time limit for paying overdue rent if the tenant believed deductions were allowed. The Supreme Court of British Columbia dismissed Jadavji's application, noting that this discretion was not a serious and consequential issue raised before the Arbitrator.

Issues on Appeal: Jadavji appealed, claiming procedural unfairness and the Arbitrator's failure to consider s. 66(2)(b). The court held that the Arbitrator was not required to address every discretionary power and presumed administrative decision-makers are aware of relevant legislation.

Held: The Court of Appeal for British Columbia dismissed the appeal. The Arbitrator's decision was neither procedurally unfair nor patently unreasonable. The total amount awarded in favor of Jingjing Yin was $5400.