Background:
Joan Elizabeth Ling, a landlord, sought judicial review to overturn an arbitration decision by the Residential Tenancy Branch (RTB) that canceled her December 5, 2022, notice to end the tenancy of Nicole Marie Gibbon, her tenant. The notice was issued under section 47 of the Residential Tenancy Act for alleged disturbances and interference by the tenant.

Legal Issues:

• Whether the arbitration decision was patently unreasonable.
• Whether the decision violated procedural fairness.

Ling argued the RTB arbitrator wrongfully excluded her written and oral evidence, making the decision procedurally unfair. The arbitrator ruled Ling had unreasonably delayed serving evidence and refused to consider it or allow witness testimony. Gibbon contended the arbitrator acted within discretion and the decision was justified.

Court Decision:
The Supreme Court of British Columbia, per Justice Stephens, found the arbitrator’s decision patently unreasonable and procedurally unfair. It noted some of Ling’s evidence postdated December 2022 and was therefore not unreasonably delayed. The court held the exclusion of evidence and witness testimony substantially impacted Ling’s ability to present her case.

Costs and Award:
The arbitration decision was set aside, and the matter was remitted to the RTB for reconsideration. Each party bore their own legal costs, with no cost awards made.

Conclusion:
The court emphasized that procedural fairness and a proper evidentiary basis are critical in arbitration decisions affecting tenancy disputes.