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Shigani v. Taylor, 2024 BCSC 979

Issue: Whether an arbitrator's compensation award should be set aside for conflating the good-faith and stated-purpose requirements.

Bright Law acted for the landlord in this judicial review. Our client had ended a tenancy intending to move into the home with his daughter, who was managing serious medical conditions, but her health deteriorated and the occupancy did not proceed as planned, resulting in an award of twelve months' compensation to the tenant. On review, we argued that the arbitrator had conflated two distinct statutory tests and had not properly weighed the extenuating medical circumstances. The Court accepted that the arbitrator had misstated the law at one stage, but found the error did not undermine the decision as a whole and that the outcome remained available on the evidence. The petition was dismissed.

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