Background: Bejan Nazari, the petitioner, ended the tenancy of Abdel Aziz El Assal and his late father, citing a provision under the Residential Tenancy Act for personal or family use of the rental unit. Despite vacating the unit, Mr. Nazari wrongfully withheld the security deposit of Mr. El Assal, who then sought and was awarded $4,012.93 by an arbitrator, double the deposit amount plus fees and interest.

Legal Arguments/Issues: Mr. Nazari challenged the RTB order, claiming he had not been properly served notice of dispute resolution and failed to attend the hearing. His petition for judicial review was dismissed due to lack of factual foundation and merit. The court found his petition incomprehensible, lacking factual support, and seeking unattainable relief.

Held: The court determined that Mr. Nazari willfully ignored procedural requirements and the evident flaws in his petition, which aimed to delay Mr. El Assal's lawful enforcement of the RTB order. The court noted Mr. Nazari's failure to address deficiencies when highlighted by Mr. El Assal’s counsel.

Costs and Awards: Justice Kirchner granted Mr. El Assal special costs for the proceedings, to be assessed by the Registrar. The special costs were awarded due to Mr. Nazari's abuse of court process and unfounded allegations, delaying Mr. El Assal’s receipt of the awarded amount. The total amount awarded in favor of Mr. El Assal included the $4,012.93 from the RTB order.