Background: Maggie Moon, a tenant, sought to overturn a Residential Tenancy Branch (RTB) decision dated November 16, 2023. The RTB had dismissed her applications without leave to reapply. Virag Vizi, the landlord, had issued eviction notices leading to disputes.

Legal Arguments/Issues: Moon argued that Vizi attempted to circumvent the Residential Tenancy Act (RTA) by moving into the rental unit to claim an exemption from the Act. She contested the validity of the eviction notices and sought compensation for loss of quiet enjoyment. The primary issue was whether the landlord's actions invalidated the application of the RTA.

Held: The court found the RTB's decision patently unreasonable due to a lack of analysis regarding the tenant’s claims. The arbitrator failed to properly consider whether the landlord's actions were an attempt to avoid the RTA. It was determined that the dispute was not moot because Moon sought compensation for the period up until she vacated the property. The court allowed the petition for judicial review, set aside the RTB decision, and remitted the matter for reconsideration.

Costs/Damages Awarded: No order for costs was made. No specific damages or awards were mentioned in the ruling.