1000830261 Ontario Inc. v MARSH

Tenant wins · North York · 2025-11-28

Adjudicator

Carrie Bertrand

Dispute

Breach of Conditions, Personal Use

Notice

Personal use (N12)

Landlord

1000830261 Ontario Inc.

Tenant

M.M.

Tenant rep

Kyle Warwick

What happened

The Landlord applied to terminate the tenancy for personal use (N12). The Tenant challenged the application on the basis that the Landlord is a corporation, which is prohibited from using N12 notices under the Residential Tenancies Act. The Landlord also attempted to introduce an N5 notice for utility arrears and insurance issues during the hearing via an amended application.

The ruling

The Landlord's application to terminate the tenancy for personal use was dismissed. As a corporation, the Landlord is legally prohibited from evicting a tenant for personal residential occupation under Section 48(5) of the Act. The Landlord's attempt to include an N5 notice for other breaches was also rejected as it was not part of the original application.