Background:
In Niroei v. Bushell, Farzaneh Niroei, the landlord, issued a notice to end tenancy, citing personal use of the property. Philip Colin Bushell and Kimberly Jennifer Bushell, the tenants, agreed to vacate by July 1, 2023, but later filed for compensation, alleging the landlord had not met the notice's stated purpose.

Legal Issues and Arguments:
Niroei challenged a decision by the Residential Tenancy Branch (RTB) that granted the Bushells a monetary award, claiming procedural unfairness and that evidence was ignored or misapprehended. She argued the RTB failed to acknowledge the parties’ text message agreement confirming her move into the property. Niroei contended the RTB’s decision was “patently unreasonable,” claiming procedural missteps, including late evidence acceptance without proper review.

Standard of Review:
The court applied a “patent unreasonableness” standard to evaluate RTB’s factual findings and reviewed procedural fairness in light of the tribunal's actions.

Decision and Award:
The Supreme Court of British Columbia found the RTB’s decision unreasonable and procedurally unfair. Justice McDonald determined the RTB did not fully consider the evidence or procedural requirements. The court set aside the RTB’s decision, ordering a rehearing before a new adjudicator. There was no monetary award in favor of Niroei, and costs were not granted, as the respondents did not participate in the hearing.

Total Award/Costs:
No costs or additional award were granted to the successful petitioner, Farzaneh Niroei.