A.B. v 795 College Inc

Landlord wins · Toronto · 2019-02-07

Dispute

Alteration Of Locking System, Bad Faith Notice Of Termination, Coercion, Harassment, Interference, Obstruction, Substantial Interference, Threat

Notice

N13 (Termination for Renovations)

Landlord

795 College Inc

Tenant

A., K., M., K., C.

Landlord rep

D.L., T.D.

Tenant rep

S.W.

What happened

Tenants applied for an order determining that the Landlord harassed, obstructed, coerced, threatened or interfered with them, altered the locking system, substantially interfered with their reasonable enjoyment, and gave a notice of termination in bad faith. The Landlord served N13 notices to terminate the tenancies for renovations, but the Tenants believed the Landlord did not intend to afford them their right of first refusal.

The ruling

The Landlord failed to afford the Tenants their right of first refusal when re-renting the units after the N13 notices. The Board does not have jurisdiction to order the Landlord to reinstate the Tenants' tenancies, but the Landlord's actions warrant the maximum fines of $25,000 per unit, for a total of $75,000.