Is a Residential Tenancy Branch arbitrator's decision not to interfere with the decision of an arbitrator?
British Columbia, Canada
The following excerpt is from Vaquerano v. 43 Housing Society, 2016 BCSC 2300 (CanLII):
By virtue of s. 78.1 of the RTA and s. 58 of the Administrative Tribunals Act, S.B.C. 2004, c. 45 (the “ATA”), and as agreed by both parties, the decision of a Residential Tenancy Branch arbitrator should not be disturbed unless it is patently unreasonable: Yee v. Montie, 2016 BCCA 256 at para. 19.
The patent unreasonable standard sits at the high end of the deference spectrum. As observed in Ganitano v. Yeung, 2016 BCSC 2227, “[n]egatively defined, insufficient evidence, without more, does not meet the patent unreasonableness standard. Positively understood, the decision is patently unreasonable if it is ‘openly, clearly, evidently unreasonable’” (para. 19).
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