Beaupre v Cosentino

Split/Other wins · Ottawa · 2020-12-03

Adjudicator

Greg Joy

Dispute

Tenant-initiated Termination

Notice

N11 (Agreement to Terminate)

Landlord

G.B., J.B.

Tenant

C.C., V.M.

Landlord rep

David Lyman

Tenant rep

Chris Cosentino

What happened

Landlord applied for an order to terminate the tenancy and evict Tenants because the Tenants entered into an agreement to terminate the tenancy. The Tenants filed a motion to set aside the order, but it was agreed that the Tenants had already vacated the rental unit, making the motion moot. The Tenant wanted to preserve his right to file an application against the Landlord for bad faith related to a previous N12 notice, which the Landlord's representative acknowledged.

The ruling

The Tenants had already vacated the rental unit, making the motion to set aside the eviction order moot. The Tenant was informed that he still has the right to file an application against the Landlord for bad faith related to the previous N12 notice.