Background: IMH 415 & 435 Michigan Apartments Ltd., c/o Devon Properties Ltd., sought judicial review of an arbitration award obtained by its tenant, Paul Banman, under the Residential Tenancy Act. The arbitrator awarded Banman $30,721.75 for rental abatement and damages due to extensive renovations.

Legal Issues and Arguments

• Noise Disturbance: The landlord argued the award for noise disturbance was patently unreasonable, lacking clear findings on jackhammering and drilling noise. The arbitrator accepted Banman's evidence and awarded $9,242.62.
• Asbestos Exposure: The landlord challenged the $10,000 award for asbestos exposure, arguing there was no high-handed or oppressive conduct. The arbitrator found the landlord’s mismanagement exposed tenants to hazardous asbestos levels, causing Banman ongoing distress. She awarded $10,000.
• Breach of Natural Justice: The landlord claimed a breach of natural justice, alleging an unfair hearing. The arbitrator assured equal time, and the landlord presented evidence.

Held: The court dismissed the petition, finding the awards reasonable and the hearing fair.

Costs/Damages: The court awarded costs to Banman at Scale B. The total award in favor of Banman was $30,721.75????.