Background:
Marian Kurvers, the tenant, filed for judicial review of a decision by the Residential Tenancy Branch (RTB), where an arbitrator upheld a notice to end tenancy served by Strathmore Lodge Ltd., the landlord. The tenant disputed the notice, citing procedural unfairness and undue pressure to settle.

Legal Arguments/Issues:

1. Kurvers argued that the arbitrator:
   • Incorrectly determined the service method and filing deadline for disputing the notice.
   • Exerted undue pressure to accept a settlement ending the tenancy.
   • Dismissed unrelated claims (e.g., for repairs and rent reduction) without adequate reasoning.
2. Strathmore Lodge Ltd. maintained that:
   • The arbitrator acted within her authority and reasonably facilitated a settlement.
   • The tenant’s dispute application was filed late, and the decision was procedurally fair.

Judicial Findings:
The court found the hearing procedurally unfair. The arbitrator dismissed Kurvers’ unrelated claims without allowing full submissions and failed to consider extending the deadline for filing a dispute under section 66(1) of the Residential Tenancy Act. The tenant settled under duress, believing she had no viable alternatives.

Conclusion and Costs:
The court set aside the RTB decision and remitted the matter for a rehearing. The tenant, Marian Kurvers, was awarded costs at Scale B, while no costs were payable to the RTB Director. A 45-minute hearing was allowed for cost disputes, if necessary.