Background : The appellants, Ronald Walter Maasanen and Debra Lynn Tattersall-Maasanen, were tenants in Victoria, B.C. The respondents, Maico Furtado (Mike Furtado) and Antonio Furtado, issued a two-month notice to end tenancy for personal use of the property under the Residential Tenancy Act (RTA). The appellants vacated the suite by April 30, 2019, but delays prevented the Furtados from moving in until November 9, 2019.

Legal Arguments/Issues: The appellants sought compensation, claiming the landlords did not occupy the suite within a reasonable time, as required under the RTA. An arbitrator awarded the appellants $22,001.04, equivalent to 12 months’ rent, plus a $100 filing fee. The Furtados sought judicial review, arguing that extenuating circumstances, such as construction delays and health issues, caused the delay and were not considered by the arbitrator.

Court's Ruling: The judge on judicial review found the arbitrator's decision patently unreasonable for not considering these extenuating circumstances and set aside the arbitrator’s award. The Court of Appeal upheld the judge's decision, agreeing that the arbitrator failed to consider mandatory extenuating circumstances. It was decided not to remit the matter for reconsideration, as it would lead to the same outcome.

Costs/Damages Awarded: The appeal was dismissed, and the decision to set aside the monetary award of $22,001.04 plus $100 costs in favor of the respondents was upheld.