This residential‑tenancy appeal concerned tenants who persuaded a chambers judge that their landlord had waived the right to evict. The Court of Appeal reversed, finding the waiver argument had never been advanced before the arbitrator and could not be introduced for the first time on judicial review. The decision confirms that judicial‑review courts must respect the record before the tribunal and avoid deciding new issues.
Landlords, property managers and real‑estate lawyers should note the court’s strict approach to preserving issues for appeal and the reaffirmation that Residential Tenancy Branch determinations receive deference when procedure is properly followed.