Background: Jeffrey Natland and his family had rented a property in West Vancouver from David Miller since April 2020. Since January 2022, Miller issued four notices to end tenancy, citing his need to use the property. The first three notices were dismissed by Residential Tenancy Branch (RTB) arbitrators.

Decisions Under Review: The fourth notice, issued on December 20, 2023, was upheld by the RTB on April 2, 2024. Natland sought judicial review of this decision.

Standard of Review: The standard of review was "patent unreasonableness," requiring the court to respect the RTB's findings unless they were clearly irrational.

Issue: The main issue was whether the RTB's decisions regarding the fourth notice were patently unreasonable.

Discussion:

• Tenant's Argument: Natland argued that Miller acted in bad faith with an ulterior motive, primarily financial, to increase rent or retaliate due to a past altercation.
• Landlord's Response: Miller demonstrated significant changes in circumstances, such as selling his Toronto property and moving his possessions to British Columbia, supporting his intention to occupy the rental unit.

Applicable Caselaw and Analysis: The court reviewed caselaw regarding good faith and ulterior motives, finding that the arbitrator's decision met the required legal standards and provided a rational line of analysis.

Conclusion and Costs: The judicial review was dismissed. The court ordered that Natland could remain in the property until August 31, 2024. Costs were awarded to David Miller, payable by Jeffrey Natland at scale B.