Background:
Ludmyla Millar, a 73-year-old tenant in Loughlin’s Mobile Home Park Ltd., challenged an arbitrator’s January 30, 2024 decision under the Manufactured Home Park Tenancy Act (MHPTA). Millar, who owns her mobile home but rents the pad, was issued a notice to end tenancy by the landlord for allegedly failing to arrange a home inspection as required by a previous RTB decision.

Legal Arguments/Issues:
Millar applied for judicial review, arguing the arbitrator’s decision was patently unreasonable. She claimed the notice was premature under section 40(1)(k) of the MHPTA, as the landlord did not wait the required 30 days after the compliance deadline before issuing the notice. The landlord countered, stating Millar had raised new issues not argued before the arbitrator and defended the validity of the notice. The court had to determine whether the arbitrator erred in interpreting the statute and if Millar’s petition introduced new issues.

Court's Decision:
The court found the arbitrator’s decision patently unreasonable, agreeing with Millar that the landlord should have waited 30 days after the October 19, 2023 deadline before issuing the notice. The court did not remit the matter, ruling that the notice was invalid, and set aside both the arbitrator’s decision and the order of possession.

Costs:
Millar, the successful party, was awarded costs at Scale B, payable by the landlord.