Background:
Chi-Hang Wu (the Purchaser) agreed to buy a property in Burnaby, BC, in July 2021, which was partially occupied by tenants Michael Horvath and Nataliia Petryshyn. The tenants were given a Notice to End Tenancy, effective October 31, 2021, as Wu or a family member intended to move in.

Legal Issue:
The tenants filed a claim with the Residential Tenancy Branch (RTB), alleging Wu failed to occupy the property within a reasonable time after ending the tenancy, as required by Section 51(2) of the Residential Tenancy Act. The RTB ruled in favor of the tenants, awarding them $27,700 (12 months' rent plus a $100 filing fee).

Judicial Review:
Wu sought judicial review to overturn the RTB decision, arguing the delay was due to necessary renovations and challenges finding contractors during the COVID-19 pandemic. The RTB’s decision was reviewed under the standard of "patent unreasonableness."

Court Findings:
The Supreme Court of British Columbia found the RTB's decision patently unreasonable, as it failed to consider key evidence regarding Wu's father's decision not to move in due to safety concerns. The court set aside the RTB decision and remitted the matter back for reconsideration by a different arbitrator.

Costs:
No costs were awarded to either party as the court found procedural irregularities but not enough to justify a departure from the usual rule against awarding costs in such cases.