Background: Wall, a tenant at 608 – 1134 Burrard Street, Vancouver, had his rent paid by the Ministry of Social Development and Poverty Reduction. In April 2023, an error by the Ministry resulted in an underpayment of $45. Despite claiming to have paid the arrears, Wall continued to receive notices about the unpaid amount.

Legal Arguments/Issues:

Wall argued that the RTB's decision was patently unreasonable because:

1. The arbitrator misapplied section 47(1)(b) of the Residential Tenancy Act.
2. The decision was based on a misapprehension of evidence.
3. The arbitrator failed to consider relevant evidence.

The arbitrator had found Wall "repeatedly late paying the rent," citing the unresolved $45 arrears as multiple late payments.

Court's Analysis: The court found the arbitrator's decision patently unreasonable. The judge noted that section 47(1)(b) required significant detriment to the landlord or serious misconduct by the tenant, neither of which applied here. The court highlighted the small amount of the underpayment and Wall's attempts to address the issue.

Outcome: The court set aside the RTB's decision and the order of possession. Wall was awarded costs at Scale B, the amount of which was not specified in the document.

Costs/Awards: Wall was awarded costs at Scale B. Financial terms were not specified.