Background: Ali Shigani, the landlord, petitioned for a judicial review to set aside an October 12, 2023 decision by Arbitrator V. Hedrich of the Residential Tenancy Branch (RTB), which awarded tenant William Taylor 12 months' compensation totaling $46,384 under s. 51(2) of the Residential Tenancy Act (RTA). Shigani purchased the property on July 2, 2022, with an initial intention to demolish it but later decided to have his daughter move in due to her medical issues. He served a Two Month Notice to End Tenancy on August 10, 2022. Taylor vacated the property on November 1, 2022. However, the landlord did not move in, and extensive renovations were undertaken.

Legal Issue/Arguments: The central issue was whether the Arbitrator's decision was patently unreasonable and should be set aside. Shigani argued that the Arbitrator conflated sections 49(3) and 51(2) of the RTA and failed to properly consider extenuating circumstances regarding his daughter's health. Taylor contended that Shigani did not act in good faith and the Arbitrator's decision was reasonable.

Held: The Arbitrator found Shigani did not act in good faith, as neither he nor his daughter moved into the property. The court upheld the Arbitrator’s decision, concluding it was not patently unreasonable.

Costs/Damages Awarded: The petition for judicial review was dismissed. Shigani was ordered to pay Taylor $46,384 in compensation.