Law360 Canada ( February 18, 2026, 9:45 AM EST) -- Appeal by tenant from a chambers decision setting aside an arbitrator’s monetary award and remitting the matter for a new hearing. The tenant rented a house from the landlord, Chen, under a tenancy agreement beginning in October 2016. In September 2022, the landlord served a Two Month Notice to End Tenancy for landlord’s use of property, stating she intended to occupy the rental unit. The tenant vacated by January 2023 but later observed signs suggesting the landlord had not moved in. He applied to the Residential Tenancy Branch (RTB) for compensation under s. 51(2) of the Residential Tenancy Act, which required landlords to pay 12 months’ rent if they failed to accomplish the stated purpose of ending the tenancy. After a hearing, the arbitrator awarded the tenant $82,380 plus fees, finding the landlord had not established occupancy. The landlord’s review application was dismissed. On judicial review, the judge found the hearing procedurally unfair because the arbitrator excused a witness, Cynthia, at the outset and did not recall her, depriving the landlord of an opportunity to present evidence. The judge also noted the informal nature of RTB hearings but concluded fairness required the witness be heard. The tenant appealed, arguing the judge erred in finding procedural unfairness where the landlord never requested the witness be recalled and had full opportunity to present her case. The landlord maintained the hearing was unfair and emphasized time constraints imposed by the arbitrator....