What is the test for deference in a Residential Tenancy Tribunal (RTA) decision?
British Columbia, Canada
The following excerpt is from Potherat v Slobodian, 2021 BCSC 1536 (CanLII):
… [I]t must always be borne in mind, especially nowadays when so many legal relationships are regulated and mediated by statutory boards and tribunals, that such bodies, including arbitrators under the RTA, are governed by the principles of natural justice. They are bound by a solemn obligation to discharge their functions fairly. Where there has been a breach of natural justice or a failure in the duty of fairness, a statutory body's decision is entitled to no deference and is rendered void: see, for example, Neustadter v. Residential Tenancy Office et al., 2004 BCSC 381.
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