Background:
Jay Husk appealed a decision by the Office of Residential Tenancies (ORT) in Saskatchewan regarding rent arrears owed to landlord Lori Kuffner. The ORT initially found Mr. Husk owed $3,600 in arrears but dismissed the landlord's request for eviction due to confusion over property management changes.

Key Legal Issues:

1. Was the hearing officer’s finding of rent arrears erroneous?
2. Did the hearing officer mischaracterize or disregard relevant evidence?

Court’s Analysis:
The court reviewed whether the ORT decision involved an error of law. It found the hearing officer failed to account for undisputed evidence regarding the rental agreement and payments made. The agreed monthly rent was $800, but Mr. Husk often overpaid, creating a credit. A simple calculation revealed Mr. Husk owed $2,600 in arrears, not $3,600. The court determined the hearing officer disregarded clear evidence, resulting in a factual error amounting to a legal error.

Decision and Remedy:
The court amended the ORT decision, reducing the arrears from $3,600 to $2,600. It ordered the ORT to return $800, which Mr. Husk paid to pursue the appeal.

Costs and Award:
Jay Husk was awarded $200 in costs.

Conclusion:
The appeal was granted, correcting the rent arrears amount and ordering the return of funds improperly withheld. The court emphasized the need for accurate evidence assessment in administrative proceedings.