Law360 Canada ( March 4, 2026, 9:45 AM EST) -- Appeal by Habitat for Humanity Victoria (Habitat) from review judge’s decision setting aside Residential Tenancy Branch (RTB) arbitrator’s decision as patently unreasonable. Habitat was a registered charity that operated a Homeownership Program. Through the program, it built and provided affordable housing at below-market cost to eligible working families who would not qualify for a mortgage from conventional lending institutions. Booth was a chartered professional accountant and single mother of two. She applied for a Habitat home which application was accepted. Under the program, she was given occupancy of a newly built Home. Unfortunately, she was unable to maintain eligibility for the program, causing Habitat to ask her to vacate the Home. She refused. Booth took the position that her occupancy was a tenancy within the meaning of the Residential Tenancy Act (RTA). The RTB arbitrator found that the Home was not a “rental unit” as defined by the RTA and that the matter did not come within the jurisdiction of the RTB. He therefore declined to proceed. On judicial review, the review judge found that the arbitrator’s decision was patently unreasonable and set it aside and remitted the matter back to the RTB. He also issued a stay of petition proceedings commenced by Habitat to obtain vacant possession. Habitat appealed from the review judge’s decision and sought an order reinstating the arbitrator’s decision and lifting the stay....