Law360 Canada ( November 26, 2025, 10:34 AM EST) -- Appeal by Heitner from decision of the British Columbia Supreme Court (Supreme Court) judge regarding judicial review applications. This appeal involved a dispute between a tenant and purchaser. Heitner was a tenant who received notice to end her tenancy. After vacating the rental unit, she claimed 12 months’ compensation on the basis that the purchaser, Dowling, did not move into the unit within a reasonable period. An arbitrator with the Residential Tenancy Branch (RTB) awarded Heitner the equivalent of 12 months’ rent. Dowling applied to the RTB to have that decision reviewed. Her application was denied. She then filed a petition in the Supreme Court challenging both decisions. The judge found the decisions to be patently unreasonable and that the RTB’s review of the arbitrator’s decision failed to recognize the patent factual errors on the face of the arbitrator’s decision. Heitner argued the judge erred in finding the RTB decisions were patently unreasonable, and in failing to remit the matter to the RTB for reconsideration. Heitner contended that the arbitrator’s erroneous factual findings (even if established), were not material to their decision. Dowling stated the judge did not commit any errors. He found three significant factual errors in the arbitrator’s decision, and, in their cumulative effect, those errors fatally undermined the conclusions that a two-month period was unreasonable for the condo refresh and that there had been no demonstration of extenuating circumstances. Dowling argued that but for the factual errors by the arbitrator, Heitner’s application would have been denied. As such, there was no useful purpose in remitting the matter to the RTB....