Clarke v Schinkel

Landlord wins · Ajax · 2021-12-29

Adjudicator

Shahid Chaudhry

Dispute

Bad Faith Eviction

Landlord

S.J.S.

Tenant

F.C., D.D.

Landlord rep

Paul Schinkel

What happened

Tenants applied for an order determining that the Landlord gave a notice of termination in bad faith (T5 Application). The Landlord did not serve the Tenants with an N12 notice of termination under section 48 of the Act. The Tenants moved out as a result of an N11 agreement they entered into with the Landlord.

The ruling

The T5 application is dismissed. The Tenants did not move out as a result of an N12 notice of termination served by the Landlord under section 48 of the Act. The Tenants moved out as a result of an N11 agreement they entered into with the Landlord.