Background:

• After a notice of rent increase, Newell opted to end his lease early, moving out on December 20, although rent was paid through December.
• Newell disconnected the electricity upon moving out, against Ramza’s request to keep it on through month-end due to potential winter damage risks.
• Ramza deducted ~$99 from Newell’s security deposit to cover reconnection fees and ongoing electricity costs.

Initial Decision: The Yukon Residential Tenancies Office (RTO) ruled that Ramza should return the deducted amount, holding Ramza responsible for utilities post-December 20.

Judicial Review:

• Procedural Fairness: Justice Wenckebach examined whether a documentary hearing (no oral hearing) was adequate. Given a moderate level of fairness was required, the court deemed the documentary process acceptable for this type of dispute.
• Reasonableness of RTO Decision: The court found the RTO’s decision unreasonable, citing:
  • Failure to consider all relevant evidence, such as full rent payment for December and Newell’s agreement on utility responsibility.
  • Misinterpretation of evidence regarding the return of keys, impacting the assessment of tenancy termination date.

Outcome: The judicial review was allowed in favor of Ramza, concluding the matter without remitting it back to the RTO due to Newell’s non-participation in the review process. No monetary award specified.