Background: Middlegate Development Ltd. (landlord) issued a One-Month Notice to End Tenancy to Damien Acosta (tenant) under section 47 of the Residential Tenancy Act (RTA). Acosta filed a dispute with the Residential Tenancy Branch (RTB) one day past the 10-day deadline. The RTB dismissed his application due to late filing.

Judicial Review: Acosta petitioned for judicial review, arguing that the RTB's dismissal breached natural justice. The Supreme Court of British Columbia agreed, ordering a new RTB hearing to consider the merits of the dispute. Middlegate Development Ltd. appealed this decision.

Legal Issues: The key legal issues revolved around the RTB’s application of the conclusive presumption under section 47(5) of the RTA and whether the RTB acted fairly in dismissing Acosta's late application without considering his request for a time extension. The Court of Appeal found that the RTB failed to address Acosta’s extension request, making the process procedurally unfair.

Outcome: The Court of Appeal partially allowed Middlegate’s appeal, directing the RTB to hold a new hearing. This hearing was to consider all issues, including whether an extension of time should be granted. The decision did not specify any costs or monetary awards to either party.