Background:
Bejan Nazari, the landlord, issued a two-month notice to end the tenancy of Abdel Aziz El Assal and Amr El Assal (deceased) for personal use of the property. Nazari claimed he needed the property due to family health and space needs. The tenants vacated, but later discovered Nazari had not moved in as claimed. They sought compensation under the Residential Tenancy Act (RTA), specifically 12 months’ rent, totaling $48,400.

Legal Issues:
The main issues were whether Nazari genuinely intended to occupy the property for six months as required and if his delay was justified. The Arbitrator had ordered compensation, finding Nazari’s evidence inadequate. Nazari sought judicial review, arguing the Arbitrator misinterpreted facts and applied an incorrect legal test.

Court’s Analysis:
Justice Sukstorf reviewed whether the Arbitrator’s decision was "patently unreasonable." The court upheld the Arbitrator's findings, noting inconsistencies in Nazari’s evidence regarding his residency. The court confirmed that under the RTA, the stated purpose of ending a tenancy must be fulfilled within a reasonable time.

Conclusion and Costs:
The court dismissed Nazari’s petition, revoked an interim stay order, and ordered costs to be determined in a later written submission. Total compensation awarded to the El Assals remained $48,400.